6 Aug 2019
The Court held the leave application was subsumed by the substantive appeal, rejected the respondent's grounds for discounting costs (technicality of success, small sum, appellants' conduct, hearing length and overlap), and awarded the appellants costs on a 2B basis together with disbursements, totalling $15,493.50.
9 Sept 2014
Rule 14.8(1) requires immediate fixing of costs on opposed interlocutory applications absent special reasons; no special reasons existed here, the ancillary application did not meet the threshold for category 3B and costs are awarded to the plaintiffs on a 2C basis; disbursements of NZD 540 for the filing fee are allowed; the reasonableness of Mr Rotstein's US expert fees is undecided and is reserved for further memorandum and possible affidavit.
1 Dec 2009
Under the new High Court Rules Part 32 the Court has jurisdiction to grant freestanding freezing orders in support of foreign proceedings and to make such orders against third parties (the respondent banks) holding assets in New Zealand where the applicant shows a good arguable case, a real connecting link (assets in New Zealand), prospects of obtaining and enforcing judgment, and risk of dissipation; those conditions were satisfied and a freezing order against the banks was justified; ancillary orders against the defendant were unnecessary and discharged.