New Zealand Case Law: Decisions & Judgments

Topic

Costs on abandonment

Legal area

Court

19 Apr 2023

BURNSIDE v BURNSIDE [2023] NZHC 831

Citation

[2023] NZHC 831
Court

High Court

Because the appellants abandoned the appeal the respondents, as successful parties, were entitled to an award of costs. The Court exercised its discretion to reduce the claimed amount because the respondents did not file any responsive documents and fixed the award now for reasons of predictability and expedition, calculating specific time units for preparation and attendance to arrive at a total award of $1,113.
12 Aug 2022

DOKAD TRUSTEES LTD v AUCKLAND COUNCIL [2022] NZCA 376

Citation

[2022] NZCA 376
Court

Court of Appeal

Given the respondent's mixed success and that the successful points were simple and could have been advanced briefly, the Court exercised its discretion to award modest costs of 0.3 days totalling $717 rather than the $1,912 sought.
18 Jun 2020

JULES CONSULTANCY LIMITED v ROBERTS [2020] NZHC 1373

Citation

[2020] NZHC 1373
Court

High Court

In the absence of opposition and on the respondent's unchallenged 2B calculation, costs were awarded to the respondent on a 2B basis: $11,233 plus disbursements $220, with liability allocated as the first applicant (Jules Consultancy Ltd) liable for the full amount and the second applicant (Jules Leloir) liable for $6,453 and disbursements $110.
1 Oct 2019

BODY CORPORATE 417948 AND OTHERS NAMED AT SCHEDULE 1 v WATTS & HUGHES CONSTRUCTION LIMITED [2019] NZCA 469

Citation

[2019] NZCA 469
Court

Court of Appeal

The Court awarded costs to the appellants because the second respondent actively opposed the leave application and appeal, then subsequently consented to adjourn the trial thereby removing the practical need for the appeal; having achieved the objective of the appeal by consent, the appellants displaced the ordinary presumption and were entitled to costs, with adjustments to quantum on reasonableness of time allowances and applicable daily rate.
14 Aug 2019

MAEHL v LENIHAN [2019] NZHC 1955

Citation

[2019] NZHC 1955
Court

High Court

The appellants abandoned an appeal that had no reasonable prospect of success and the respondents had substantively succeeded; the costs claimed were reasonable and the specific preparatory steps recoverable, and any public interest allowance had been accommodated in the Environment Court, so the full costs claimed ($7,582) were awarded.
11 Jun 2019

MAITLAND COLIN BOOTH v HEYWARD HOLDINGS LTD (IN LIQUIDATION [2019] NZCA 211 [11 June 2019]

Citation

[2019] NZCA 211
Court

Court of Appeal

Where an appeal is abandoned at short notice after the respondent has been obliged to prepare for hearing, the successful respondent is entitled to costs; here the appeal fell within Band A and the Court ordered standard Band A costs but reduced the preparation component by 50% to reflect limited need for written submissions.
24 May 2019

NMHB LIMITED v CONCRETE STRUCTURES (NZ) LIMITED [2019] NZCA 179

Citation

[2019] NZCA 179
Court

Court of Appeal

Applying Watts & Hughes and the Construction Contracts Act the Court held the respondent was entitled to actual and reasonable costs on abandonment, found the time and fees claimed were reasonable in the circumstances and awarded $3,823.75, and directed the remaining security for costs ($6,600 plus any interest) be paid to the respondent in partial satisfaction of the High Court costs order.
7 May 2018

HE v CHEN [2018] NZCA 142

Citation

[2018] NZCA 142
Court

Court of Appeal

Costs awarded on scale ($2,676) because the applicant filed and then abandoned the extension application on the eve of hearing in breach of timetabling; although there were arguable grounds for increased costs, no additional work was done after the respondent advised scale costs would be sought, so only scale costs were awarded.
30 Aug 2016

ALLOZY FINANCIAL GROUP LTD v FINANCIAL MARKETS AUTHORITY [2016] NZHC 2008 [30 August 2016]

Citation

[2016] NZHC 2008
Court

High Court

Because the appellant did not pay the ordered security for costs by 1 August 2016, the appeal was treated as abandoned pursuant to s 74(2) of the District Courts Act 1947, and the respondent was entitled to costs in the sum claimed on the agreed scale ($3,568).
30 Aug 2016

IMS FX GROUP PTY LTD v FINANCIAL MARKETS AUTHORITY [2016] NZHC 2010

Citation

[2016] NZHC 2010
Court

High Court

Because the appellant failed to provide the ordered security for costs by the deadline, the appeal was treated as abandoned under s 74(2) District Courts Act 1947 and the respondent was awarded costs in the sum claimed pursuant to the agreed scale.