New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Costs uplift/indemnity

Legal area

Court

20 Jun 2023

MIRAMAR CONSOLIDATED LTD v USC INVESTMENTS LTD [2023] NZHC 1532

Citation

[2023] NZHC 1532
Court

High Court

The presumption in r15.23 was displaced because the defendants' conduct caused the litigation and rendered it unnecessary; the defendants' defence lacked merit and unnecessarily increased the plaintiff's costs; accordingly costs were awarded to plaintiff on a scale 2B with a 50% uplift totalling $20,793 plus disbursements.
18 Sept 2018

GLW Group Limited v Lepionka & Company Investments Limited [2018] NZHC 2445

Citation

[2018] NZHC 2445
Court

High Court

Paterson's caveat and defence were unreasonable and unsupported by evidence; an uplift on scale costs is warranted but indemnity costs or a 50% uplift are excessive. Award 2B scale costs uplifted 20% against Paterson, excluding second counsel charges. Costs against GLW lie where they fall because GLW obtained a preserving undertaking (partial success) but failed on other points and is now in liquidation; the Court may nonetheless make costs orders after giving the liquidator notice.