23 May 2022
Defendants who sought to vary broad, consented tailored discovery orders without proposing concrete alternative categories and thereby caused additional, avoidable expense must pay the plaintiffs' costs of the application on a 2B basis; relevance and proportionality required focus on how the 2018 turnover warranty was calculated rather than indiscriminate historical disclosure.
7 May 2021
Ms Brown was the successful party on the stay and ancillary applications; the majority of Mr Johnston's applications were without merit or had no prospect of success (and some could not be ordered because the court was functus officio); Mr Johnston unreasonably failed to engage on a suitable interim retention figure for sale proceeds; accordingly costs follow the event, a 25% uplift on 2B costs is warranted, and costs are fixed at $7,020.62 with disbursements $110 to be paid from funds otherwise payable to Mr Johnston's new trust.
8 Oct 2020
The Court awarded the defendant costs for the specified unresolved interlocutory steps because the plaintiff was unsuccessful overall, rejected the defendant's claim for costs where no notice of opposition or supporting affidavits were filed and rejected re‑claiming items already determined on the court file; consent to vary did not, on the materials, resolve costs absent explicit agreement.
30 May 2019
The Court found Ms Reid was successful in obtaining the interim distribution and that costs should follow the event; accordingly costs were awarded to Ms Reid on a 2B basis, with an additional allowed item for second counsel, and the First and Second Defendants were ordered to pay those costs jointly and severally totalling $7,303.25.
11 Apr 2017
Where an appeal is abandoned the respondent is entitled to costs under the Rules; the court's discretion is confined by those Rules and costs should reflect actual costs incurred. The 2B assessment approach is appropriate here, adjusted to reflect actual invoiced costs and GST treatment for an offshore resident, resulting in an award of $8,000 plus $70 disbursements and payment of security for costs to the respondent.
18 Dec 2015
Because the plaintiff succeeded on the substantive application to oppose the setting aside of judgment, the Court awarded costs to the plaintiff on a 2B basis for all steps relating to that application including the application to examine a witness and fixed costs at $9,418.50.
10 Jun 2014
Because the judgment refusing to set aside the bankruptcy notice and refusing to recall the earlier decision stood unless and until set aside, the respondent was the successful party on the recall application and was entitled to costs on a 2B basis under HCR 14.2; the applicant's grounds for deferring costs lacked merit.
26 Mar 2012
Because the plaintiff's interim mandatory injunction application was necessary and she was partially successful, she is awarded costs against the first defendant on a 2B basis for all steps taken excluding attendance at the hearing; costs relating to the hearing itself lie as they fall due to the effective draw at hearing after settlement steps.
8 Feb 2010
The first defendant deliberately failed to comply with the disclosure order and attempted to frustrate it, conduct that falls within r14.6(4) and justifies an order for indemnity costs; accordingly the first defendant was ordered to pay the plaintiffs' combined 2B and indemnity costs totalling $14,222.62.
13 Oct 2008
The Commissioner, as the successful party in the interim injunction hearing, is entitled to costs on the 2B scale because the applicant did not provide any legitimate reason to depart from the general rule that costs follow the event; the claimed disbursements were reasonable and recoverable.