New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Costs for notice of opposition
  • 8 Jul 2010

    FM CUSTODIANS LIMITED V KENNETH RAYMOND VALENTINE AND SHORE CRANE LIMITED (AS TRUSTEES OF THE VALENTINE FAMILY TRUST) AND ANOR HC NEL CIV 2009-442-347

    Citation
    openlaw-0d39531c_13c7_4144_8f90_51633a14bfb8.pdf
    Court
    High Court

    LDC was entitled to costs for filing the notice of opposition and preparation for the hearing because it was effectively successful when the plaintiff discontinued; 2B scale is appropriate for the notice and preparation, 1B for procedural steps (call over, telephone conference and sealing if applicable); the cost of the valuation is disallowed because it had not been filed in Court as evidence before the scheduled hearing.

    • Order for sale of land
    • Mortgage priority dispute
    • Costs for notice of opposition
    • Admissibility/recovery of valuation evidence