29 Nov 2023
The debtor's unequivocal decision to apply for bankruptcy on the eve of the hearing, having asserted insolvency was not the case, amounted to vexatious/frivolous or improper conduct under r14.6(4)(a); indemnity costs were therefore justified and awarded in the sum claimed.
11 Oct 2023
The appeal was substantially without merit and effectively hopeless, evidenced by voluminous irrelevant material and unarguable grounds; accordingly indemnity costs under r 14.6(4)(a) are justified. The court assessed reasonable actual costs at $48,000 excluding GST (equating to $55,200 including GST) and, adding disbursements, fixed the appellant's liability at $55,250.
30 Aug 2023
The evidence established the loan was repaid in 1975 and the mortgagees cannot be located and are likely deceased; accordingly, under s 109(1)(a) Property Law Act 2007 the court had jurisdiction and it was appropriate to order discharge of the mortgage and to dispense with service and allow commencement by originating application.
7 Jul 2023
Because the first respondent's application for release of living costs was dismissed, the Commissioner succeeded and, applying ordinary costs principles as applicable to Criminal Proceeds Recovery Act proceedings, the court awarded costs to the Commissioner on a 2B scale in the sum of $10,695.25 as unopposed and reasonable.
1 Jun 2023
The Court awarded costs to Spark on the specified category 3B and 3C bases and allowed a 50% uplift for Cayman's r 8.30(4) application because the applicants persisted in advancing an argument already found to lack merit when the discovered documents were properly viewed in context with Spark's prior communications; the collateral use application was declined and was an unnecessary step justifying increased costs.
31 May 2023
The defendant was entitled to costs on a 2B basis; the claimed discovery costs were excessive and reduced to $1,195 reflecting half a day's work; certification for second counsel was refused as unnecessary; total costs awarded $39,196.00 and disbursements $10,965.30 in favour of the defendant.
21 Apr 2023
Indemnity costs were declined because the applicant's case, while weak, was not totally without merit and much of the contested conduct preceded litigation; scale costs were awarded using category 2 bands, second counsel and claims for bundles of authorities were disallowed, and a 40% uplift on scale costs was applied to all steps resulting in costs of $19,406.80 and disbursements of $1,778.02 (total $21,184.82).
20 Apr 2023
Because the claims against Kannemeyer and MBIE were struck out they were successful and entitled to costs; the plaintiff provided no affidavit evidence of impecuniosity and absent exceptional circumstances the court will not decline or arbitrarily reduce costs, so scale 2B costs as claimed are awarded.
19 Apr 2023
Because the appellants abandoned the appeal the respondents, as successful parties, were entitled to an award of costs. The Court exercised its discretion to reduce the claimed amount because the respondents did not file any responsive documents and fixed the award now for reasons of predictability and expedition, calculating specific time units for preparation and attendance to arrive at a total award of $1,113.
23 Mar 2023
Application dismissed because applicant failed to establish exceptional circumstances necessary to order security for undertakings: the plaintiffs' position had materially improved following the liability judgment (including inclination to order specific performance and continuation/extension of injunction), the applicant provided no admissible evidence to support claimed losses or plaintiffs' inability to pay, the application was effectively a repeat of a previously dismissed application without leave and was out of time under the Rules, and therefore relief was unjustified.