New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Calderbank/offer to settle

  • 27 Aug 2018

    CLARK v RURAL LIVESTOCK LTD [2019] NZHC 2111

    Citation
    [2019] NZHC 2111
    Court
    High Court

    The court awarded the plaintiffs costs on a 2B basis because the defendant's pre‑trial offers did not exceed the plaintiffs' judgment position when measured on a like‑for‑like basis (including interest and pre‑offer costs and taking into account GST treatment as determined by the trial judge), and the defendant's late post‑hearing offer was too late and inferior in substance (payment by instalment) to alter costs. The plaintiffs' post‑hearing conduct and time spent on partially unsuccessful claims did not justify a reduction.

  • 25 Jul 2014

    STOKES v INSIGHT LEGAL TRUSTEE COMPANY LTD [2014] NZHC 1753

    Citation
    [2014] NZHC 1753
    Court
    High Court

    Defendants awarded costs for stage one on a 2B basis and awarded costs for stage two largely as claimed in schedule B but with specific disallowances and reductions (reduced time for commencement of defence to 1.25 days, disallowance of amended defence claim, disallowance of additional list of documents claim, disallowance of costs for recusal application, and refusal to allow costs for two counsel); Plaintiffs awarded costs for two successful interlocutory reviews (with hearing time corrected); indemnity or increased costs refused because Plaintiffs had reasonable justification to reject the…

  • 19 Nov 2013

    ROKE REALTY LTD v MALONES LTD [2013] NZHC 3063

    Citation
    [2013] NZHC 3063
    Court
    High Court

    The Court allowed specified time allocations with modest reductions: two days for commencement of defence (item 2); items 10 and 11 allowed; items 20 and 21 combined allowed two days; item 32 reduced to one day; accepted hearing preparation days; allowed a one-half day reduction for wasted costs caused by the defendants' adjournment; declined to make any further adjustment based on the r 14.10 offer; awarded costs to defendants on a 2B basis totalling $25,870 plus disbursements $150.