New Zealand Case Law: Decisions & Judgments

Topic

Costs in the cause

Legal area

Court

31 Jul 2019

WINTON v WINTON as executor of the estate of RACHEL MAY WINTON [2019] NZHC 1832

Citation

[2019] NZHC 1832
Court

High Court

There were special reasons to depart from r 14.8(1): the interlocutory orders were granted to allow the disputed allegations to be tested on their merits despite those allegations appearing thin and because the interlocutory and substantive merits were interlinked; accordingly costs of the interlocutory application and the aborted hearing are to be reserved as costs in the cause to be determined at the final outcome.
22 Oct 2013

WIGHTMAN AND ORS v PUBLIC TRUST [2013] NZHC 2771

Citation

[2013] NZHC 2771
Court

High Court

The Court fixed category 2B costs for the determination of the separate question to be paid by Robert William Wightman as the unsuccessful party, but ordered those costs to be fixed as costs in the cause to be accounted for at the substantive hearing; the Public Trust was not ordered to pay.
7 Oct 2009

MARLBOROUGH DISTRICT COUNCIL V WADSWORTH AND BOTHAM HC BLE CIV 2009-406-000140

Citation

openlaw-11818e31_46e9_4612_9877_2dc054783368.pdf
Court

High Court

On a fine margin the Court fixed interlocutory costs of the summary judgment proceeding in favour of the defendants on a 2B basis with disbursements and ordered those costs to be costs in the cause because the plaintiff knew the issues in dispute and withdrew its summary judgment application after the defendants' opposition and supporting correspondence undermined the application.

New Zealand Case Law

WINTON v WINTON as executor of the estate of RACHEL MAY WINTON [2019] NZHC 1832

WIGHTMAN AND ORS v PUBLIC TRUST [2013] NZHC 2771

MARLBOROUGH DISTRICT COUNCIL V WADSWORTH AND BOTHAM HC BLE CIV 2009-406-000140