20 Apr 2021
Section 19 did not apply to impose backdated liability to 2003 because the 2003 application had been declined/abandoned and was no longer 'alive' for the purposes of s 19; the 2017 filing was a new application and the Commissioner's 23 November 2017 assessment is invalid insofar as it imposed backdated liability to 2003; judicial review relief was appropriate and granted.
10 Dec 2010
Although costs generally follow the event, the court reduced the award because the proceedings were prompted by police failures and involved criminal aspects where costs orders are ordinarily disfavoured; the requested $8,348.82 was disproportionate and a global award of $2,000 plus disbursements was appropriate.
11 Mar 2010
The Court held that the Rennells could recover personally because Mr Rennell acted as agent for undisclosed principals (the trustees) and retained personal liability; T & T breached an implied contractual and tortious duty by failing to take reasonable care (including failing to warn about winter risks) causing stone contamination and topsoil loss; remediation was a reasonable measure of loss given the property's specialised equestrian use so remediation costs were recoverable subject to quantified deductions for items of betterment and pre-existing contamination, and a 10% reduction for the…
20 Oct 2009
Plaintiffs were entitled to costs for the application to enter the arbitral award as judgment; although service was imperfect the defect did not merit denying costs and warranted only a modest reduction, resulting in an award of $1,500 inclusive of the $400 filing fee.
28 Sept 2009
The defendant did not discharge the onus of showing reason to believe the plaintiff would be unable to pay costs; the plaintiff owns a valuable property with significant equity and receives substantial income, and on the evidential material available it would be improper to draw an adverse inference of impecuniosity or order security for costs.