New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Costs and increased costs

Legal area

Court

10 Dec 2021

GO LOUNGE LTD v OECL LTD [2021] NZHC 3364

Citation

[2021] NZHC 3364
Court

High Court

The 11 August 2021 email did not adequately and expressly inform Go Lounge of the matters required by s263 and therefore did not trigger the 3-month limitation in s262(b); the Court retained jurisdiction to hear the substantive application, there was a serious question to be tried, and the balance of convenience favored granting interim relief to preserve the status quo until the substantive hearing. Interim injunction was granted and costs awarded to Go Lounge (category 2B uplifted by 50%).
3 Nov 2010

JIAN PING GAN & ANOR V PROPERTY FINANCE FUNDING NOMINEES LIMITED & ORS HC AK CIV 2010-404-003858

Citation

openlaw-97cb4cc9_c284_476a_a637_abf2f34d9e1b.pdf
Court

High Court

Defendants were awarded costs because the plaintiffs discontinued a procedurally deficient and misconceived pre-commencement discovery application that lacked adequate pleadings, could have been addressed in existing District Court proceedings or by voluntary disclosure, and because plaintiffs' conduct (failure to comply with directions, poor communication, inconsistent positions) unjustifiably increased defendants' costs; the application was treated as interlocutory and costs were ordered on a 2B scale with a 50% uplift under r 14.6(3).