18 Dec 2020
The Court declined to recall the judgment because there was no error justifying recall, but exercised its discretion to award costs to the respondent for a standard appeal on a band A basis plus usual disbursements and refused certification for second counsel as the appeal was straightforward.
2 Dec 2020
The Court exercised its discretion to follow the event and award costs to all respondents: Attorney‑General and WorkSafe on category 2B (WorkSafe with certification for second counsel); White Island Tours awarded category 2B plus a 50% uplift and reimbursement for costs memorandum. Indemnity costs were refused because, although the applicant's pleadings were deficient and proceedings were unnecessarily prolonged, there was no demonstrated mala fides warranting indemnity and the public interest did not justify reducing costs.
23 Nov 2020
TVNZ was awarded 2B scale costs limited to items properly applicable to an interlocutory application (items 23, 24, 26 and certified second counsel item 27) and reasonable disbursements limited to the court filing fee; Schedule 3 items 30 and 32 were disallowed as duplicative for an interlocutory application and travel/flight costs for counsel to attend in-person were not reasonably necessary because leave to attend remotely was available.
1 Mar 2018
The application did not sufficiently engage NZBORA rights or raise issues of the necessary complexity to depart from ordinary scale costs; certification for second counsel was not justified; respondents awarded costs on a 2B basis excluding any allowance for second counsel.
22 Jun 2015
Auckland Council was entitled to costs against Man O'War Station Limited: specified items awarded on 2B and one item (preparation of submissions, item 56) on 2C; certification for second counsel at the hearing was appropriate. Environmental Defence Society was entitled to a separate costs award fixed at 60% of the Council award (reflecting overlap) but without certification for second counsel. No costs awarded for certain interlocutory items where duplication or lack of opposition justified no order.
23 Apr 2015
Because WDL succeeded on appeal and no good reason existed to depart from the general rule that a successful interlocutory applicant receives costs, the Court reversed its earlier costs decision and awarded costs to WDL on a 2B basis for single counsel; certification for a second counsel was refused because the application was not sufficiently complex.
3 Nov 2011
The Court ordered the appellant to pay costs to the respondent as for a complex appeal on a band A basis with usual disbursements, certified for second counsel, set a payment deadline of 29 February 2012, and granted leave for the respondent to apply to expand liability to attorneys and/or parties to the Deed if costs were unpaid by that date.
18 Feb 2010
The Court categorised costs at category 3 due to the statutory complexity and wider significance, certified second counsel for Eastern Sea Farms as necessary, treated the counterclaim as legally independent but apportioned costs for overlapping issues (allowing Sanford a notional 0.6 day for defending the counterclaim and reducing Eastern Sea Farms' and the Chief Executive's recoverable costs by 12.5%), and ordered specific costs and disbursements accordingly.
6 Oct 2008
The Council is entitled to costs against the second defendants; those costs are to be fixed on a 3C basis together with reasonable disbursements to be fixed by the Registrar, and certification for second counsel is granted for the Council; certification for second counsel is also confirmed for the plaintiffs throughout.