14 Dec 2015
The applicant was successful in opposing the rescission application and in having the majority of the respondent's affidavits ruled inadmissible; given the nature and number of inadmissible affidavits, increased costs are justified and a practical 25% uplift on combined items is appropriate, resulting in an order that the respondent pay $11,518.95 to the applicant.
5 Feb 2009
The court held that no order for costs should be made against the first defendant because she was legally aided under s 40(2), but pursuant to s 40(5) the court would specify that, had s 40(2) not applied, costs would have been awarded to the plaintiff on a category 2B basis in CIV 2006-404-001841, CIV 2006-404-002491 and CIV 2007-404-003881, together with reasonable disbursements and expenses, and leave was reserved to address any implementation difficulties.
16 Sept 2005
Because Reavans Limited succeeded in the application to set aside the statutory demand, the respondent did not oppose or substantiate his claim, and the claimed actual costs were reasonable and below the 2B scale, costs follow the event under r47 and the respondent must pay the applicant's claimed costs and disbursements totalling $2,923.38.