New Zealand Case Law: Decisions & Judgments

Topic

Costs assessment (scale 2b)

Legal area

Court

26 Oct 2022

EVEREST SERVICED APARTMENTS LIMITED v BODY CORPORATE 511909 [2022] NZHC 2777

Citation

[2022] NZHC 2777
Court

High Court

The plaintiff's application for further and better discovery was dismissed; the first defendant, as the successful party, was awarded costs on a 2B basis. The court allowed item 11 (memoranda) because the exchange addressed genuine interlocutory case management matters despite no formal conference, but disallowed item 29 (sealing of order) as unnecessary given dismissal. The appropriate costs award was fixed at $7,170 plus disbursements of $110.
26 Feb 2021

WEBSTER v BREWER [2021] NZHC 298

Citation

[2021] NZHC 298
Court

High Court

Because the respondent was found in contempt, took no steps to participate or oppose despite service, and the applicants were successful in their applications, the Court exercised its discretion to award costs on the 2B scale and ordered payment of $14,926.13 plus disbursements to the applicants.
17 Dec 2019

COMMISSIONER OF INLAND REVENUE v LIVINGSPACE PROPERTIES LIMITED (in liquidation and receivership) [2019] NZHC 3332

Citation

[2019] NZHC 3332
Court

High Court

The judge concluded Ms Buxton was substantially successful on three of the four interlocutory matters and, applying the court's discretion, awarded costs on a reduced 2B basis with a 25% discount on certain items and disallowed costs for second counsel; specific arithmetic produced an award of $15,136.13 for costs plus disbursements of $2,374.31 subject to a 25% reduction.
4 Nov 2019

WALKER v ANGUS [2019] NZHC 2845

Citation

[2019] NZHC 2845
Court

High Court

Because the key additional ground relied on by the Fourth Respondent (that documents were held by him in his capacity as solicitor for a client) was raised very late and resulted only in the Court reserving the position rather than ruling in his favour, the Fourth Respondent did not succeed and his costs application was declined; consequently costs between Walker and Smith lie where they fall.
27 Aug 2019

CUI v SHUANG & CHUAN COSTS [2019] NZHC 2110

Citation

[2019] NZHC 2110
Court

High Court

The Court awarded costs to the respondents on a 2B basis including the three day allowance for written submissions under Schedule 3 Item 56, declining to depart from the rules despite delay in filing memoranda because the respondents were plainly entitled to costs, the appellant did not establish prejudice, and predictability of costs requires application of the prescribed scale; costs of $13,154.00 were ordered against the appellant.
12 Oct 2016

VALLANCE & TEMPLETON as trustees of the Estate of ARNOLD RAYMOND VALLANCE v VALLANCE [2016] NZHC 2435

Citation

[2016] NZHC 2435
Court

High Court

Because the trustees were justified in bringing the proceedings and were overall substantially successful, and the defendant's only significant success related to chattels while thereafter adopting an unreasonable position on occupation rent, the court exercised its discretion to award costs to the plaintiffs on a 2B basis but discounted the award by 15% to reflect the defendant's partial success on chattels.
28 Aug 2013

GRANT AND KHOV v MCCULLAGH [2013] NZHC 2210

Citation

[2013] NZHC 2210
Court

High Court

The liquidators were the successful party because the receivers provided the material sought and the withdrawal followed that provision; respondents (former receivers) ordered to pay applicants' costs on a scale 2B basis as an interlocutory application; uplift and indemnity costs refused and recovery for in-house counsel allowed on the basis of equivalent external cost replacement.
17 Nov 2009

JOHN FRANCIS MANAGH V PETER ROSS JORDAN HC NAP CIV 2008-441-547

Citation

openlaw-bbbf5fb8_f768_4a68_8812_f4268786824a.pdf
Court

High Court

Where a liquidator sues in his own name he is personally liable for costs except in exceptional circumstances; claims that are not enforceable only by a liquidator do not attract special protection and a liquidator will not ordinarily be shielded from personal costs liability, although the court may reduce costs for partial success or for reasonable conduct. Applying scale 2B the Court fixed $13,600 then reduced that by 50% for partial success, awarding $6,800 plus disbursements to the defendant, with the plaintiff personally liable.
24 Aug 2007

INGRAM AND ORS V PATCROFT PROPERTIES LIMITED AND ANOR HC AK CIV 2006-404-4171

Citation

openlaw-f9077a79_3280_4a7c_b6e5_02a00a8dce1e.pdf
Court

High Court

The Court found there was a prima facie basis that specific categories and identifiable documents were or should have been within the defendants' possession or control and ordered further and better discovery of those specified items, declined to make immediate orders concerning unspecified materials left in the premises or the disposed computer but required enquiries and reserved powers to examine individuals on oath if necessary; costs were awarded to the plaintiffs on a 2B basis and case management directions including a trial allocation were given.
27 Jun 2007

HAWKES BAY PROPERTY HOLDINGS LIMITED V NISBET AND ANOR HC WN CIV 2007-485-001048

Citation

openlaw-c8b5644b_8aff_44b7_974e_1a9055ee8a1d.pdf
Court

High Court

The Court prohibited Mr Nisbet (and any person on his behalf) from lodging further caveats over the subject titles; awarded costs to Hawkes Bay on CIV-1048 on a 2B scale in the amount set out in Mr Gordon's calculation; awarded $1,900 inclusive of disbursements to Hawkes Bay for the discontinued CIV-1130 (reflecting a significant discount for duplication); declined to order damages under s146 in the absence of evidence of damage; and declined to order Mr Gartrell to pay costs.