New Zealand Case Law: Decisions & Judgments

Topic

Costs awards

Legal area

Court

18 Dec 2023

DERMOT GREGORY NOTTINGHAM v ATTORNEY-GENERAL [2023] NZSC 167

Citation

[2023] NZSC 167
Court

Supreme Court

Leave to appeal was refused because the applicants did not raise a question of general or public importance nor demonstrated a substantial miscarriage of justice; the appeal was properly treated as abandoned for failure to comply with Court of Appeal rules regarding security for costs and filing, and the award of costs by the High Court was orthodox and within judicial discretion including in relation to a habeas corpus element.
5 Dec 2023

BLUE DAISY LTD v COMPTON [2023] NZHC 3519

Citation

[2023] NZHC 3519
Court

High Court

The plaintiff succeeded and was entitled to costs; indemnity costs were not awarded, but a 50% uplift on scale 2B costs was justified because the defendant breached her duties as a director and failed to repay on demand despite ultimately returning funds; costs were fixed at $22,227.00 plus disbursements as fixed by the Registrar.
29 Nov 2023

HIGH QUALITY LTD v ECO CUBES LTD [2023] NZHC 3424

Citation

[2023] NZHC 3424
Court

High Court

On realistic appraisal the plaintiff High Quality was the successful party on both discovery applications; Eco Cubes' discovery application was unnecessary and non‑compliant so High Quality is awarded 2B scale costs of NZD 4,541 for that application, and High Quality's own discovery application is awarded 2B scale costs of NZD 7,170 with a 25% uplift for steps after 16 January 2023 (NZD 1,434) totalling NZD 8,604 for that application; total costs NZD 13,145; Eco Cubes solely liable for NZD 4,541 and all three defendants jointly and severally liable for the balance (NZD 8,604).
28 Nov 2023

HENDERSON v ORANGA TAMARIKI (COSTS) [2023] NZHC 3408

Citation

[2023] NZHC 3408
Court

High Court

Costs awarded to Oranga Tamariki on a category 2B basis because the appeal was largely without merit; the appellant's claimed impecuniosity did not preclude an award; absence of security for costs and a filing fee waiver were not determinative; claimed disbursements including accommodation were appropriate; costs fixed at $18,454.
16 Nov 2023

RYAN v LOBB [2023] NZHC 3239

Citation

[2023] NZHC 3239
Court

High Court

The court awarded scale costs with specified steps assessed at Band 2C because the affidavits and interlocutory relief required comparatively more preparation and complexity; disbursements were allowed where reasonably necessary but ordinary solicitor expenses (gown hire and taxis) were disallowed; indemnity costs were awarded against the third defendant because WAG flagrantly breached an injunction and proceeded with deficient PLA notices causing unnecessary cost and distress; scale costs and disbursements were ordered against the first and third defendants jointly and severally while indemn…
6 Oct 2023

NZ CAUSEWAY BAY INTERNATIONAL TRADING LIMITED v WANG (Costs) [2023] NZHC 2804

Citation

[2023] NZHC 2804
Court

High Court

The plaintiffs, as successful parties, were awarded costs on a category 2B basis in the amount of $43,856.50; disbursements were allowed as per the plaintiffs' schedule but excluding GST because the plaintiffs did not advise the Court that they were not GST-registered, and the Court proceeds on the assumption of GST registration.
5 Oct 2023

DAVEY v CARDINALI [2023] NZHC 2782

Citation

[2023] NZHC 2782
Court

High Court

Proceeding was categorised as band 2 overall; band C was not justified despite voluminous and disorganised filings because claimed 2C scale exceeded actual costs and threshold for 'comparatively large' time was not met. A 2B scale was applied to all steps. An uplift was not justified for refusal to accept the 'walk‑away' settlement offer, but a 20% uplift was justified for steps after the 8/9 March 2023 case management direction due to marked failures to comply with directions. An order requiring costs to be paid directly from the plaintiff's estate shares was declined because it would confer…
31 Aug 2023

FRANCIS EVERARDUS MARIE VAN RIJN & ORS v MARIETTE MARIA BERNADETTE VAN RYN & ORS [2023] NZHC 2414

Citation

[2023] NZHC 2414
Court

High Court

The Court held that the removal application was necessary and in the beneficiaries' best interests and that the former executors had not acted in a way that made them personally liable for costs; therefore the estate must bear the defendants' reasonable costs of the removal application (assessed at $22,072.52 and $200 disbursements) while costs of the recall memorandum/application are to lie where they fall.
23 Aug 2023

VALMONT v CHEVIN [2023] NZHC 2292

Citation

[2023] NZHC 2292
Court

High Court

The Court has jurisdiction to award costs despite the debtor paying the judgment debt immediately before the hearing; conduct outside the proceedings cannot be taken into account; the defendant's conduct within the proceedings did not justify indemnity costs under the Bradbury test; costs awarded on a 2B basis with disbursements totaling $5,730.75.
16 Aug 2023

LI v YEUNG [2023] NZHC 2210

Citation

[2023] NZHC 2210
Court

High Court

Plaintiffs were awarded costs for the representative orders application on a scale 2B basis limited to steps 22, 24, 26 (half day basis) and 27 (second counsel, quarter day), totalling NZD 6,811.50; that award is jointly and severally payable by the defendants under r 14.14. Each defendant was awarded separate costs on a scale 2B basis for opposing the asset preservation orders limited to steps 23, 24 and 26 (half day allocation), with certification of second counsel for the first defendant at a quarter day; the first defendant's award is NZD 6,811.50 and the second defendant's award is NZD 6…