New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Costs awards on 2b basis

Legal area

Court

22 Dec 2020

HARRISON v HARRISON and Ors (Costs) [2020] NZHC 3505

Citation

[2020] NZHC 3505
Court

High Court

Because the plaintiff's claims were struck out and she continued litigating matters the subject of the proceedings, the defendants were entitled to recover costs; the claimed amounts were reasonable and should be awarded as specified, and any entitlement of the plaintiff on winding up of the Valerie Geard Trust must first be applied to satisfy those costs orders.
20 Jul 2020

POLLOCK v POLLOCK [as to costs] [2020] NZHC 1751

Citation

[2020] NZHC 1751
Court

High Court

The Court concluded the litigation did not originate in the testator's fault, the inter vivos gifts and trust structuring were lawful and deliberate, there were not persuasive grounds to treat the Judea Valley Trust as liable for the plaintiff's costs, and accordingly the defendants were entitled to costs on a 2B basis as awarded; the plaintiff's applications that the trust pay his costs and that defendants' claims be refused or reduced were declined.