New Zealand Case Law: Decisions & Judgments

Topic

Costs of litigation

Legal area

Court

14 Apr 2021

GRANT v RESTRUCTURING INSOLVENCY & TURNAROUND ASSOCIATION NEW ZEALAND INCORPORATED [2021] NZHC 801

Citation

[2021] NZHC 801
Court

High Court

The Court refused the claimed costs for second counsel and for the media-response memorandum and disallowed disbursements for the expert evidence of Dr Goodwin and Mr Sheppard because the one-day, affidavit-based hearing did not justify second counsel; the media memorandum was an ancillary matter where the respondent prevailed so costs should lie where they fall; Dr Goodwin's evidence was not reasonably necessary or relevant to the Court's decision-making approach; and Mr Sheppard's fees related to earlier proceedings or to the rehearing rather than to this recoverable proceeding. Consequentl…
27 Feb 2019

EMERY v THORN [2019] NZHC 278

Citation

[2019] NZHC 278
Court

High Court

On an overall assessment of the papers and circumstances (complexity, competing proceedings, litigation guardian requirement and stop-start three year conduct), the Court applied a 20% reduction for duplication/overrun and fixed the plaintiff's reasonable costs at $40,000 inclusive of GST and disbursements to be paid from the deceased's estate; the Court declined to defer to or order a Law Society costs revision and resolved the issue on the papers.
27 Oct 2015

Goldsmith v Accident Compensation Corporation

Citation

[2015] NZACC 317
Court

District Court

The judge exercised discretion on costs given the interlocutory nature of the proceedings, partial responsibility for delay by the respondent, and unexplained disbursements; awarded a modest contribution to achieve fairness and finality.
3 Dec 2013

COOTE v WARREN AND ANOR [2013] NZHC 3210

Citation

[2013] NZHC 3210
Court

High Court

Because administration was stalled by multiple unresolved disputes and an impasse, and removal would be a suitable, practical and efficient means to advance the interests of the estate and beneficiaries under s21/s51, it was expedient to remove the present executors/trustees and appoint the Public Trust (Whangarei) to complete administration; costs were justified and reserved for quantification and payment in the estate wash-up.
30 Apr 2012

ATTORNEY GENERAL OF SAMOA V TVWORKS LIMITED HC WN CIV-2011-485-1110

Citation

openlaw-df6788ca_130b_4f3a_acb5_58e83b22f09e.pdf
Court

High Court

The court exercised its discretion to refuse costs and disbursements for second counsel because the appeal, conducted on the papers without witnesses and categorised 2B, was not sufficiently complex to warrant certification for second counsel; accordingly awarded respondent costs on a 2B basis of $8,086.85.
17 Apr 2012

HART v THE STANDARDS COMMITTEE (NO 1) OF THE NEW ZEALAND LAW SOCIETY SC 129/2011

Citation

SC 129/2011
Court

Supreme Court

The court awarded costs of $4,170 to the respondent because the respondent sought that amount and the applicant did not oppose the costs order, warranting the exercise of the court's discretion to make the award.
29 Jan 1998

Mitchell v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 12
Court

District Court

Court exercised its discretion under the District Court Rules 1992 and fixed costs: representation costs at $1,200.00, medical costs confirmed at $451.00, and travel/accommodation reduced to $700.00 as excessive; total awarded to appellant $2,351.00 because the appeal was twofold and more complex than the norm.

New Zealand Case Law

GRANT v RESTRUCTURING INSOLVENCY & TURNAROUND ASSOCIATION NEW ZEALAND INCORPORATED [2021] NZHC 801

EMERY v THORN [2019] NZHC 278

Goldsmith v Accident Compensation Corporation

COOTE v WARREN AND ANOR [2013] NZHC 3210

ATTORNEY GENERAL OF SAMOA V TVWORKS LIMITED HC WN CIV-2011-485-1110

HART v THE STANDARDS COMMITTEE (NO 1) OF THE NEW ZEALAND LAW SOCIETY SC 129/2011

Mitchell v Accident Rehabilitation and Compensation Insurance Corporation