New Zealand Case Law: Decisions & Judgments

Topic

Costs and indemnity costs

Legal area

Court

8 Aug 2023

LI AND OTHERS v GREEN LAND INVESTMENT LIMITED AND OTHERS [2023] NZHC 2098

Citation

[2023] NZHC 2098
Court

High Court

Mr Xing's applications to disqualify counsel were dismissed as without merit and vexatious; his applications to stay enforcement were dismissed in respect of the eighteenth plaintiffs because he offered no credible basis and appeared intent on delay; a conditional stay of enforcement was granted for the purchaser plaintiffs only if Mr Xing paid security for costs and applied for a fixture in respect of both appeals by 28 August 2023; costs were awarded against Mr Xing, including indemnity costs in relation to the applications against the eighteenth plaintiffs.
3 Aug 2023

MIDDLEMISS v MIDDLEMISS [2023] NZHC 2051

Citation

[2023] NZHC 2051
Court

High Court

The plaintiff established entitlement to a sale order under s 339(1)(a) and to related orders under s 343: formal proof was available because the defendant failed to file a defence; consideration of s 342 factors showed equal shares, the property in disrepair, clear financial hardship to the plaintiff, lack of contributions by co-owners, and the defendant's non-engagement; accordingly the Court granted the formal proof application and ordered sale and division of proceeds, and awarded the plaintiff legal costs of $26,580.83 to be paid from the defendant's share.
25 May 2023

CARTER v CANTERBURY DESIGN AND DEVELOPMENT LIMITED [2023] NZHC 1249

Citation

[2023] NZHC 1249
Court

High Court

Because the defendants filed express admissions conceding the claim for issuance of 500 ordinary shares and the appointment of the first plaintiff as director, the court entered orders in respect of those heads; the claim for repayment of $50,000 was dismissed because the plaintiffs abandoned it and costs liability was acknowledged but entitlement to indemnity costs was reserved for determination on submissions.
27 Oct 2021

WILLIS STREET PARKING LIMITED v KUMAR [2021] NZHC 2866

Citation

[2021] NZHC 2866
Court

High Court

The Court adjudicated the debtor bankrupt because the creditor established the jurisdictional facts (non-compliance with the bankruptcy notice constituting an act of bankruptcy) and the debtor failed to establish that the s37 discretion should be exercised to refuse adjudication; given the personal guarantees, potential access to family-trust resources, and public interest in Official Assignee oversight, adjudication was appropriate, subject to a short period for payment.
30 Aug 2021

POWELL v K 2 INVESTMENT GROUP LIMITED [2021] NZHC 2253

Citation

[2021] NZHC 2253
Court

High Court

K2 New Zealand's pleaded defence and counterclaim were struck out because Kemeny lacked authority to litigate for K2 New Zealand; however the loan agreement was valid and enforceable against K2 New Zealand by virtue of the indoor management rule (s18 Companies Act) because Powell dealt with the sole director. Powell made the agreed advance. The Court reopened the credit contract under the CCCFA limited to a delay adjustment because Powell's extended delay in enforcing his rights (post-caveat judgment) rendered continued accrual of the default penalty oppressive. K2 New Zealand held a 50% equi…
27 Jul 2020

BODY CORPORATE 85978 v SAINT PAULS ASSET MANAGEMENT LIMITED [2020] NZHC 1803 [27 July 2020]

Citation

[2020] NZHC 1803
Court

High Court

Although there was prima facie evidence of insolvency and the plaintiff had standing as a contingent creditor, the Court refused to place the defendant into liquidation at that stage because the plaintiff's claim for costs was unquantified and unfixed; the Court would not order liquidation where the plaintiff had not taken steps to fix the very costs that give it standing and the defendant was given an interim opportunity to secure payment by ordering $15,000 into court and fixing costs on a timetable, with liquidation to follow if payment was not made.
14 Jul 2020

MINEHAN & ANOR v McGUIGAN & ANOR [2020] NZHC 1686

Citation

(2020) 21 NZCPR 135
Court

High Court

An order under s 339(1)(c) was warranted and made because the plaintiffs as majority co-owners (three-quarters) established undue hardship and impediment to efficient farming operations caused by the defendants' non-engagement and obstruction, division in kind was impracticable given three discontiguous parcels, plaintiffs had made substantial contributions and the court could bind the defendant to transfer his share; an updated valuation is required to determine the fair and reasonable purchase price and costs are to be awarded to the plaintiffs (quantum reserved).
10 Dec 2019

FIRMA CONSTRUCTION LTD v ACE STRUCTURAL LTD & ANOR [2019] NZCA 631

Citation

[2019] NZCA 631
Court

Court of Appeal

A decision by an adjudicator that the circumstances in s56 do not apply is itself a determination that must be accompanied by adequate reasons under s47; the appellant's contrary argument lacked merit; indemnity costs were not justified but increased costs were appropriate.
23 Nov 2017

SALIS v DUNEDIN CITY COUNCIL [2017] NZHC 2897

Citation

[2017] NZHC 2897
Court

High Court

The second respondent failed to satisfy the onus that indemnity or increased costs were justified under r14.6; the appeal was not frivolous or brought with proven improper motive and increased/indemnity costs are not warranted. Normal category 2B costs are appropriate and awarded to the successful respondents, with the second respondent awarded $10,786.93 (costs and disbursements) on the category 2B scale.
31 Oct 2017

WENDCO (NZ) LTD v LJCTB TRUSTEES LTD AND ANOR [2017] NZHC 2668

Citation

[2017] NZHC 2668
Court

High Court

Although the lessee deliberately refrained from giving the formal renewal notice to press for better terms, the court weighed competing prejudice and exercised its equitable discretion under s 264 to order renewal of the lease on conditions; primary condition imposed is that the lessee compensate the lessor for costs incurred in obtaining a new tenant, with costs issues reserved for further submissions.