New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Costs uplift/indemnity costs

  • 30 Aug 2018

    ZENG v CAI [2018] NZHC 2277

    Citation
    [2018] NZHC 2277
    Court
    High Court

    An Associate Judge had jurisdiction to determine costs of the separate question hearing because the defendant abandoned her defence (analogous to a discontinuance); costs for the separate hearing are awarded to the plaintiff in scale and specified disbursements totaling $126,620.54; the claimed 50% uplift was declined because the lack of merit threshold was not met; the court-appointed amicus costs are payable by the defendant; enforcement of the costs orders is stayed until ten working days after the substantive hearing.

    • De facto relationship
    • Separate question hearing
    • Costs on discontinuance
    • Costs uplift/indemnity costs
    • Amicus appointment and costs
    • Interpreter and translation costs

  • 8 Feb 2008

    CRAIG GRANT SCOTT NISBET AND ANOR V M G BALE TRUSTEES LIMITED AND ANOR HC WN CIV-2007-485-1387

    Citation
    openlaw-735f4e07_3da0_493b_b32b_267f1f1131c4.pdf
    Court
    High Court

    The plaintiffs' sole ground for relief was s164 which provides only prospective injunctive relief; because Lombard had already assumed effective control/possession of the relevant shares before proceedings commenced, s164 did not apply and the Court lacked jurisdiction to grant the mandatory relief sought, so the defendants' summary judgment application succeeds and the plaintiffs' claim is dismissed.

    • Section 164 companies act 1993
    • Mandatory injunction
    • Summary judgment
    • Security interest in shares
    • Beneficial ownership of shares
    • Costs uplift/indemnity costs