6 Jul 2023
The court awarded costs to the first respondent in the sum of $8,365 after disallowing discrete claims for certain interlocutory memoranda and an allowance for second counsel; the Registrar was ordered to pay $7,060 held as security for costs to the respondent because the costs of the appeal were incurred after adjudication and therefore are not provable debts under Insolvency Act 2006 s232(1).
1 Dec 2022
The s13(3) statutory threshold of special difficulty, complexity and importance was met because the appeal challenged foundational principles and the statutory basis for emotional harm reparation, required detailed comparison with numerous authorities and methodologies, and therefore costs in excess of the criminal scale could properly be awarded; exercising a conservative discretion, the Court awarded Maritime New Zealand $4,000 and disbursements $716.34.
22 Nov 2021
Because the appeal was allowed and the parties agreed the quantification under the High Court Rules 2016, the court ordered costs on a 2B basis in the agreed amounts: $15,535 plus disbursements of $1,471.50.
18 Dec 2019
The appeal was utterly meritless and pursued in part to delay payment of outstanding fees; accordingly the Court increased scale costs by 50% and awarded costs to the respondent (the barrister) of $16,311.75, noting the sham allegation was gratuitous and potentially harmful but did not materially increase appeal costs.
2 Dec 2016
Because the parties enjoyed a relatively equal measure of success and failure on appeal, the appropriate exercise of the court's discretion was to let costs of the appeal lie where they fall; the appellant's submissions about the Points of Appeal did not justify departing from that outcome and the earlier substitution of ordinary costs for indemnity costs stands.
9 May 2013
The court awarded the claimed costs because the claims were correctly calculated under the High Court Rules, the applicant did not challenge the calculations, and the 2B scale was appropriate for the interlocutory application caused by the applicant's omissions; accordingly the respondent was entitled to the specified amounts.
18 Dec 2009
The Court applied the usual rule that costs follow the event and ordered the respondent to pay the appellant costs for a standard appeal on a band B basis with usual disbursements; costs in the High Court to be fixed in that Court; certification for second counsel granted.
24 Jul 2009
Costs fixed on category 2B at $5,440; uplift to full or indemnity costs refused because the schedules were not plainly inadequate, the appellant's conduct did not warrant indemnity, and no justification was made for additional work beyond the scale.
30 Apr 2009
The Court applied Rule 14.6(3)(a) to allow departure from Schedule 3 and awarded the appellant costs on the 2C basis for the appeal; it disallowed two duplicate inspection claims and adjusted service fees, resulting in specific reductions to the District Court claim and certification of the remaining costs and disbursements to be approved by the Registrar.
17 Nov 2005
The Court held the matter should be assessed as an appeal and not as commencement of civil proceedings; applying Schedule 3 items 13-16 and the Court of Appeal guide the appropriate costs award was $3,000 with disbursements of $1,400, total $4,400.