29 Jun 2015
The rule in r 14.2(a) that costs follow the event applies; respondents gave no sufficient reason to depart from that rule, the claimed Category 2B assessment and daily rate were appropriate, and therefore the applicant was entitled to costs of $5,472.50 plus disbursements of $160.00, with payment stayed until five working days after determination of the substantive appeal.
15 Feb 2013
Clause 5(c) of the personal guarantee was sufficiently wide to encompass costs of enforcing the guarantee including trial and appeal; accordingly the appellant was entitled to contractual indemnity costs and interest under r11.27; the claimed indemnity sum (reduced on reply) was a reasonable reflection of costs incurred and awarded accordingly, but the respondent is granted 10 working days to comment on the applicable prescribed rate of interest and the appellant's later attempt to claim costs for the costs application was declined as it was first raised in reply.
27 Jan 2010
The court accepted the contractual entitlement to solicitor/client costs under clause 5.3 but disallowed the $560 claimed for preparing costs submissions as not recoverable and found the remaining quantum of costs ($9,930) to be reasonable and payable by the applicant.
9 May 2008
The plaintiff was entitled under clause 19.2(b) of the lease to seek legal costs because it acted in good faith and reasonably in issuing the breach notice to minimise regulatory risk; however the quantum of claimed costs must be tested for objective reasonableness, so the Court granted interim relief requiring detailed narration of bills and set a timetable for objection and final ruling; the defendant's cross-application for its own costs was declined.