New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Court discretion on costs

Legal area

Court

29 Apr 2015

TRANS TASMAN RESOURCES LTD v ENVIRONMENTAL PROTECTION AUTHORITY [2015] NZHC 867

Citation

[2015] NZHC 867
Court

High Court

Rule 20.12(2) does not preclude parties who joined an appeal under the EEZ Act from applying for costs; where joined parties have reasonably participated and incurred costs at formative stages and the Court considers it appropriate, costs may be awarded to them under the Court's discretion; accordingly Te Ohu and KASM were each awarded $6,872.
12 Jul 2013

LV TRUST HOLDINGS LTD AND KP TRUST HOLDINGS LIMITED v BODY CORPORATE 114424 & OTHERS [2013] NZHC 1764

Citation

[2013] NZHC 1764
Court

High Court

The Court approved the s 74 scheme and, exercising its broad discretion under s 74(9) read with r 14 of the High Court Rules, awarded the applicants scale costs on a 2B basis (with 2C for preparation of submissions and the bundle), declined costs predating proceedings, and granted an additional lump sum of NZD 45,000 to reimburse extra costs incurred initiating and serving the scheme application because the Body Corporate should have initiated the proceeding.