3 Nov 2023
Because all counsel indicated at the hearing that they sought costs on a Category 2B basis with disbursements fixed by the Registrar, the court ordered costs to all respondents on that basis and directed disbursements be fixed by the Registrar.
31 Mar 2022
The plaintiff is liable to pay category 2B costs to the first defendant, quantified at NZD 14,142; the first defendant is entitled to limited disbursements totalling NZD 567.38 (filing fee, LINZ search and earlier Family Court disbursements); costs and disbursements related to interlocutory applications, the counterclaim and post-discontinuance work are disallowed as not reasonably recoverable in this discontinued proceeding; Bankhouse is entitled to recover apportioned accounting disbursements totalling NZD 125,406.76 based on the accountant's conservative apportionment and a 43% allocation…
9 Sept 2019
There were no special circumstances to defer fixing costs; Toogood J had already found the second defendant succeeded; accordingly the second defendant is entitled to costs on a Category 2B basis payable now, with disbursements to be fixed by the Registrar and any disputes on quantum to be referred first to the Registrar and then to the judge if unresolved.
8 May 2018
Because the plaintiff discontinued the proceeding and provided no valid or supported reason nor any effective opposition to the respondent's costs claim, the court applied r 15.23 and ordered that the plaintiff pay the defendant's costs up to the date of discontinuance on a category 2B basis together with reasonable disbursements approved by the Registrar.
29 Aug 2016
The court exercised its discretion to award costs to Housing New Zealand Corporation on a category 2B basis of $10,704 because the applicant's challenge was without realistic prospect of success, imposed additional legal costs on the principal creditor, and neither his lay status nor impecuniosity justified withholding costs; the application was treated as an originating application for costs purposes.
3 Feb 2016
Rule 15.23 creates a presumption that costs follow a discontinuance; the respondent was entitled to costs but the respondent did not establish the level of misconduct necessary to justify indemnity or increased costs, so standard category 2B costs of $13,826 and disbursements of $110 were awarded to the respondent.
29 Apr 2015
The court ordered that the plaintiff pay specified disbursements (air travel AUD$803; taxi fares NZ$250; sundry travel NZ$400) and that the defendants are entitled to category 2B costs for work done while legally represented totalling NZ$11,144 and disbursements of AUD$803 and NZ$650; the larger claimed sums (~NZ$50,000 legal fees and ~NZ$6,700 wages) were not recoverable because they did not comply with the prior order.
3 Nov 2014
Because the plaintiff discontinued the judicial review, the respondent was the successful party and entitled to costs; the court awarded costs on a Category 2B basis together with disbursements as fixed by the Registrar, totalling $2,540 inclusive of disbursements.
8 Aug 2014
Although the defendant's statutory demand was not prosecuted improperly and there was a genuine dispute about the long-running commercial relationship, once evidence established a termination payment claim exceeding the debt the defendant properly withdrew the demand; the initiating party that then reverts to formal proceedings should bear some consequence, so costs are awarded to the plaintiff on a 2B scale with disbursements, but claimed Mr Chapman fees are not allowed now.
4 Jun 2013
The Court fixed costs against Mr Faloon on a category 2B basis for both the review and the strike out applications because the review proceeded as a rehearing of the strike out application, and the existence of other pending applications did not prevent the Court from fixing costs in the concluded proceedings.