New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Expert costs

  • 10 Mar 2021

    SLEIGHT v BECKIA HOLDINGS LIMITED [2021] NZHC 456

    Citation
    [2021] NZHC 456
    Court
    High Court

    The plaintiffs were entitled to recover High Court scale costs ($177,180.63), disbursements ($6,814.09) and expert costs ($204,802.61) totalling $388,779.70, to be paid forthwith by QBE and IAG jointly and severally; IAG breached its contractual obligation under the insurance policy by refusing payment from 19 June 2015 and the plaintiffs are entitled to interest at the prescribed rate of 5% per annum from 19 June 2015 to 30 October 2020 on the judgment sums to compensate for delayed payment.

  • 1 Dec 2016

    Herron v Wallace [2016] NZHC 2869

    Citation
    [2016] NZHC 2869
    Court
    High Court

    The indemnity clause entitled the plaintiff to indemnity costs but specific claimed items were excluded or unreasonable; after expert assessment and deductions the court allowed indemnity costs of NZD 291880.52 exclusive of GST (NZD 335662.60 inclusive), subject to the plaintiff certifying that no GST input credits have been claimed; an uplift/ premium was not recoverable under the indemnity clause because it was not within the parties' contemplation when the Sidmouth Settlement Deed was entered into; defendants must reimburse the Chief Executive of the Department for Courts for payments made…

  • 24 Sept 2015

    Knowles v Accident Compensation Corporation

    Citation
    [2015] NZACC 284
    Court
    District Court

    The assessment was invalid because the assessor failed to assess all of the claimant's covered injuries (assessed only the treatment injury and omitted the accredited mental injury), failed to use the required assessment formats and definitions, and therefore the Corporation's decision based on that assessment must be set aside and a full re-assessment ordered; the reviewer properly exercised discretion in refusing to award costs for an overseas assessor who was not ACC accredited and who used non-mandated guidelines.