New Zealand Case Law: Decisions & Judgments

Topic

Costs uplift for unreasonable conduct

Legal area

Court

7 Jun 2023

SINGH v BUTTAR [2023] NZHC 1401

Citation

[2023] NZHC 1401
Court

High Court

The Court awarded 2B scale costs, refused costs-on-costs, allowed reasonable second counsel and expert disbursements, apportioned one case management conference fee between related proceedings, and applied a 30% uplift because the respondent's opposition to the s165 application lacked merit and caused unnecessary additional steps; uplift for refusal to settle was reserved as premature and may be raised after any substantive proceedings.
27 Jan 2023

RABOBANK NEW ZEALAND LTD v PHIILLIPS [2023] NZHC 118

Citation

[2023] NZHC 118
Court

High Court

Costs awarded to the applicant on a 2B scale with a 25% uplift because the applicant succeeded and the respondent failed to act reasonably by filing numerous irrelevant memoranda that caused additional costs; the threshold for indemnity costs was not met.
3 Mar 2022

METLIFECARE RETIREMENT VILLAGES LIMITED v JAMES HARDIE NEW ZEALAND LIMITED [2022] NZHC 351

Citation

[2022] NZHC 351
Court

High Court

The Court applied the default rule that costs follow the event while making targeted departures based on conduct and complexity: where a party prevailed on a discrete interlocutory step it received scale costs (2B/3B); complex affidavit preparation justified awarding time band C for that step; agreed Independent Counsel processes did not, by themselves, attract costs awards; and where a party unduly prolonged or complicated the process limited uplifts or reductions were applied. The Court quantified and apportioned costs across multiple discovery hearings accordingly and made specific monetar…
3 Sept 2021

GALLO v SULTAN [2021] NZHC 2310

Citation

[2021] NZHC 2310
Court

High Court

An application for legal aid does not confer the immunity in s 45 of the Legal Services Act 2011; immunity arises only on a grant and is not retrospective. Because no grant had been made the respondent was not an 'aided person' and s 45 did not preclude a costs order. The applicant, being wholly successful and having incurred avoidable costs due to the respondent's failure to respond and late withdrawal, was entitled to costs. Costs were fixed on a District Court category 2B scale with a 10% uplift for steps after 23 July 2021; applicant to file a memorandum for approval of amounts.
18 Dec 2020

DRIVER v RADIO NEW ZEALAND LIMITED [2020] NZHC 3398

Citation

[2020] NZHC 3398
Court

High Court

The court certified second counsel was appropriate but declined to order any uplift beyond 2B scale costs because the plaintiff's conduct was not sufficiently unreasonable to justify departure from the predictable scale costs regime; accordingly the plaintiff was ordered to pay 2B costs of $14,101 and disbursements of $2,351.20 (total $16,452.20) and the previously paid security for costs was released.
25 Sept 2020

GASKIN v STARK [2020] NZHC 2519

Citation

[2020] NZHC 2519
Court

High Court

The plaintiffs were put on notice by the fourth defendant's solicitors and failed to investigate or accept documentary evidence showing the correct corporate entity was Mead Stark Ltd; because the plaintiffs pursued an argument that lacked merit and failed without reasonable justification to accept the facts, the fourth defendant was entitled to costs on the interlocutory application on a 2B basis with a 50% uplift for the unreasonable conduct and separate 2A costs for preparation of submissions on costs; it was inappropriate to treat the interlocutory application as if it were an originating…
10 Sept 2020

MINEHAN v McGUIGAN [2020] NZHC 2361

Citation

[2020] NZHC 2361
Court

High Court

The Court appointed the Registrar as attorney to give effect to the earlier s 339 purchase order because the first defendant refused to cooperate and failed to provide instructions; that intransigence justified an award of costs on a 2B scale with a 50% uplift. Accordingly the plaintiffs were awarded costs of $26,705.25 and disbursements of $4,150, and the Registrar is empowered to effect transfer of the specified property interests.
2 May 2019

COGLE v IAG NEW ZEALAND LTD [2019] NZHC 958 .

Citation

[2019] NZHC 958
Court

High Court

Costs were awarded to the defendant in accordance with its schedule of 18 April 2019 subject to disallowance of an allowance for second counsel and disallowance of the second memorandum of 31 October 2018, with a 25% uplift applied to steps after 13 February 2019; the agreed Category 3 banding applies because the plaintiffs did not show special reasons to depart, and costs are payable when fixed under r 14.8(1)(b).
10 Jul 2018

COMMISSIONER OF POLICE v GONG [2018] NZHC 1686

Citation

[2018] NZHC 1686
Court

High Court

The respondent's five applications were originating in nature under the High Court Rules and the Criminal Proceeds (Recovery) Act because they sought substantive modification of originating restraining orders; the applications were distinct and must be treated individually; a 50% uplift to 2B costs was warranted for unreasonable conduct in respect of some applications; however costs cannot be met from restrained property under s 28(2) absent evidence the respondent cannot meet the costs from unrestrained property; accordingly Mr Gong was ordered to pay uplifted costs of NZD 65,562.00 to the C…
1 Dec 2016

HULL v CHUNG NO. 2 [2016] NZHC 2899

Citation

[2016] NZHC 2899
Court

High Court

Failure to disclose the existence of parallel Family Court proceedings in the without‑notice application was unreasonable under r 14.6(3)(d); accordingly a 20% uplift to properly claimed scale 2B costs is justified. No separate uplift for urgency was warranted and any service irregularity did not justify further increase.