29 Aug 2023
The applicant's claims were legally untenable and factually weak, constituting a collateral attack and wilful disregard of established law on prosecutorial discretion; he pursued arguments that lacked merit and made unwarranted allegations of fraud, thereby unreasonably increasing the time and expense of the proceeding, so an uplift under r 14.6(3) of 50% on 2B scale costs is justified and awarded.
26 Jul 2023
The Court refused to award increased or indemnity costs because the defendants' defences were not so lacking in merit or pursued in such a way as to meet the high threshold for exceptional costs; defendants' reliance on a retrospective ISA and arguments about purchaser obtaining a DSA were not hopeless or vexatious; plaintiff awarded ordinary category 2B scale costs and recoverable disbursements subject to specified deductions and further particulars for potential overlap with electronic discovery claims.
1 Sept 2010
Damages under the undertaking were refused because Pumpkin Patch failed to substantiate loss (pro forma forecasts and evidence were speculative and inadequate); increased (but not indemnity) costs were awarded because Just Kids should have proceeded by Pickwick rather than without notice, which caused unnecessary expense—costs fixed on a 2B scale with a 50% uplift and disbursements to be fixed by the Registrar.
1 May 2009
Indemnity costs were refused because there was no finding of deliberate disobedience by Crown officers and the cumulative errors did not meet the high threshold for indemnity; increased costs were awarded as uplifted scale recoveries because IRD conduct caused unnecessary work — 75% uplift for the second review (total $85,960 plus $2,858.78 disbursements = $88,818.78) and 50% uplift for the first proceedings (net $97,920 plus disbursements to be fixed); the Commissioner's application for a stay of execution of the second judgment was refused because the appeal was, in large part, a belated at…