New Zealand Case Law: Decisions & Judgments

Topic

Costs categorisation and banding

Legal area

Court

14 Feb 2018

SULLIVAN v WELLSFORD PROPERTIES LTD [2018] NZHC 129

Citation

[2018] NZHC 129
Court

High Court

Court awarded costs to the defendants on category 2 band B, adjusted contested time allocations (items 10,11,32), refused band C for steps 30 and 33, refused certification of second counsel, refused a 50% Calderbank uplift, reduced the expert valuer's disbursement by 20% to $21,080, adjusted filing fees for GST ($1,365.22 awarded), and ordered total costs of $64,893 and disbursements of $23,104.77 totalling $87,997.77.
13 Oct 2014

JACK v JACK [2014] NZHC 2502

Citation

[2014] NZHC 2502
Court

High Court

The High Court upheld the Family Court's substantive property outcome in favour of Mrs Jack and the classification of the hearing as category 3C but found the 50% uplift and certification for junior counsel were plainly wrong and quashed them; the Court granted Mr Jack leave to appeal to the Court of Appeal because the proposed grounds raised bona fide, serious questions of law and fact, and granted a stay of execution of the money judgment on the basis that without secure retention of the judgment sums the appeal risked being rendered nugatory, directing preservation of funds and an undertak…
25 Sept 2013

SIMON v WRIGHT [2013] NZHC 2509

Citation

[2013] NZHC 2509
Court

High Court

No indemnity or increased costs were warranted because the Calderbank offer was conditional and not sufficiently clear and was not rejected without reasonable justification; the initial categorisation as a category 2 case and band B was appropriate and should not be displaced, so respondent is awarded costs on category 2 band B basis.
19 Dec 2012

GROVES V TSSN LIMITED (IN LIQUIDATION) HC WN CIV-2011-485-2643

Citation

openlaw-bb57f1f1_b692_4ef6_926c_ab138ea9755c.pdf
Court

High Court

The liquidators were entitled to costs because they were overall more successful and the application sought court permission (a context in which applicants may be ordered to pay costs despite partial success); the matter was properly adversarial and so costs follow the event; the proceeding is category 2 and band B applies to all steps.

New Zealand Case Law

SULLIVAN v WELLSFORD PROPERTIES LTD [2018] NZHC 129

JACK v JACK [2014] NZHC 2502

SIMON v WRIGHT [2013] NZHC 2509

GROVES V TSSN LIMITED (IN LIQUIDATION) HC WN CIV-2011-485-2643