28 Sept 2020
The court awarded costs to the Official Assignee on a 2B basis for the index applications and for earlier discontinued iterations, applying r 15.23 by analogy to interlocutory applications and considering the applicant's conduct and the meritless nature of repeated challenges, and allowed reasonable disbursements.
15 Jun 2020
Although the general presumption under r 15.23 would have made the discontinuing applicant (Ms Smith) liable for costs, the Court exercised its discretion given the reasonableness of both parties' conduct and partial success by Ms Smith; the Court ordered the Body Corporate to pay Reveal's expert costs of $18,715.56 (including GST) and directed that all other costs and disbursements incurred by the parties arising from the litigation lie where they fall.
11 Mar 2020
Leave to discontinue was granted because the disputed issues are primarily internal to the trust and concern the exercise of trustee powers by NZF; Trinity is a stranger to the administration of the trust, supports discontinuance, and no injustice or abuse of process was demonstrated that would justify refusing discontinuance; the interim injunction circumstances had changed and the plaintiff undertook to delete declarations directed at Trinity.
11 Apr 2016
Because Kensington discontinued its High Court challenge to the Commissioner's tax assessments for the relevant periods, it had effectively withdrawn any opposition to the assessments and to the Commissioner's recovery process; accordingly there was no arguable defence to the liquidation application and the receiver's application for authority to represent the debenture holder was refused.
5 Feb 2014
Because the defendant paid a substantial part of the claimed debt, the plaintiff had achieved the principal aim of the liquidation proceedings and thus the exception to the presumption in r 15.23 applied; accordingly the plaintiff was entitled to an order for costs, assessed on a 2B basis with disbursements fixed by the Registrar.
9 Aug 2010
Applying r 15.23 the presumption that a discontinuing counter-claimant pays costs was not displaced on the facts; the Court awarded the counter-claim defendant $7,120 for costs (with disbursements to be fixed by the Registrar) after making specific deductions for discovery and conference items not attributable solely to the counter-claim.
23 Feb 2009
The creditor did not demonstrate that it was just and equitable to depart from the default rule requiring a discontinuing plaintiff to pay costs: the District Court had validly set aside the default judgment exposing serious evidentiary weaknesses in the creditor's case and the creditor failed to show the indulgence relied upon justified an award of costs; accordingly no order for costs was made.
21 Aug 2008
Applying r 476C and authorities, the Court found the plaintiffs acted reasonably in commencing the proceeding and appropriately discontinued after the Crown/Landcorp agreement achieved the litigation's purpose; the merits were not so clear as to justify an award of costs to the third defendant, therefore no order for costs was made and costs were left to lie where they fall.