New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Costs scale (schedule 3)

Legal area

Court

17 Sept 2008

NALAC INVESTMENT MANAGEMENT LIMITED V ORD AND ANOR HC AK CIV 2008-404-1510

Citation

openlaw-9ee8749b_b390_49aa_b6e7_dbc772de6799.pdf
Court

High Court

The court rejected the plaintiff's partial success argument, reduced the Schedule 3 allowance for item 2 from two days to one day because much work had been done earlier before the arbitrator, and awarded the defendants costs of $5,120 and disbursements of $163.09.
20 Feb 2008

RAFFLES EDUCATION CORPORATION LIMITED V MILLS HC AK CIV 2007-404-001096

Citation

openlaw-1de821db_8504_477c_a9b9_739c2aefc45f.pdf
Court

High Court

There was no binding agreement on costs because the defendant's acceptance was conditional and the plaintiff's response rejected that condition, amounting to a counter‑offer that was not accepted. The Court exercised its discretion under the High Court Rules and awarded costs to the defendant on a Category 2C basis with a modest uplift of $1,000 to reflect additional work in responding to the ex parte originating application, resulting in costs of $14,920 and disbursements of $827.50 payable by the plaintiff.