New Zealand Case Law: Decisions & Judgments

Topic

Costs orders and assessment

Legal area

Court

20 Sept 2017

MAGPIE PROPERTIES LTD v CROUCH [2017] NZHC 2262

Citation

[2017] NZHC 2262
Court

High Court

The statutory presumption in High Court Rule 15.23 applies when a plaintiff discontinues; there was no good reason to defer costs to the Disputes Tribunal; the plaintiff had made a reasonable Calderbank offer of $2,000 which the defendant unreasonably refused, and justice required a modest reduction from full 2B costs, resulting in an award of reduced costs of $2,000 against the plaintiff under r 14.7(g).
5 Sept 2012

CARMINE V RITCHIE HC AK CIV 2011-404-006375

Citation

openlaw-9828c69e_1e29_441f_aad2_b30a6b22fe93.pdf
Court

High Court

The plaintiff is not entitled to indemnity from Trust assets because he acted unreasonably and improperly: he delayed ten months, actively and adversarially challenged his removal contrary to the wishes of the adult beneficiaries, was motivated by personal animus and an agenda unrelated to protecting beneficiaries, opposed appointment of independent counsel for infants and unborn beneficiaries, and caused unnecessary additional costs; accordingly costs follow the event and defendants are awarded costs under Category 2 on a Band B basis with disbursements.
18 Jul 2006

SIEMER AND ANOR V FARDELL HC AK CIV.2003-404-5782

Citation

openlaw-9cacbf90_b72d_4f00_9712_9d26facdcf68.pdf
Court

High Court

The plaintiffs failed to establish exceptional circumstances under Judicature Act s64 (no issue of considerable public importance or urgency, and no conflicting points of law requiring immediate appellate determination); transfer would defeat the norm of first instance determination and was therefore dismissed; non-parties are entitled to costs on a 2B basis with disbursements as fixed by the Registrar.

New Zealand Case Law

MAGPIE PROPERTIES LTD v CROUCH [2017] NZHC 2262

CARMINE V RITCHIE HC AK CIV 2011-404-006375

SIEMER AND ANOR V FARDELL HC AK CIV.2003-404-5782