New Zealand Case Law: Decisions & Judgments

Topic

High court rules costs regime

Legal area

Court

24 Feb 2022

ROEBUCK v LIDDLE BUILDERS & CONSTRUCTION LIMITED [2022] NZHC 277

Citation

[2022] NZHC 277
Court

High Court

The court awarded costs to the successful parties on the ordinary 2B scale: the Roebuck plaintiffs were entitled to 2B costs (refusing uplift to 2C because the interlocutory steps were of ordinary complexity and objectively did not justify more time) and the interim liquidator was entitled to 2B costs for his directions application because the appointing order did not expressly specify the scope of his powers, justifying clarification and protection against future liability.
6 Jun 2017

NAYACAKALOU v MINISTER OF EDUCATION [2017] NZHC 1210

Citation

[2017] NZHC 1210
Court

High Court

The Minister was the substantially successful party; the liquidator had acted unreasonably and sought to be excused from statutory duties, so fairness to creditors required that costs be awarded personally against the liquidator rather than from company assets; the claimed 2B scale quantum and disbursements were reasonable and awarded accordingly.
25 Nov 2011

PARLANE V PARLANE HC AK CIV 2009-404-7607

Citation

openlaw-862ea628_025d_4dba_8e0d_d7c1f71245ef.pdf
Court

High Court

Indemnity or increased costs were not justified on the material before the Court because exceptional grounds under r 14.6(4) or r 14.6(3) were not established; the Court ordered standard costs in favour of the defendants, assessed as Category 2 Band B for each step plus disbursements, and refused to order that the estate's costs be paid personally by the plaintiffs, leaving professional conduct issues to the Lawyers & Conveyancers Act process.
21 Dec 2007

WHITEMAN & ANOR V WHITE & ORS HC AK CIV 2006-404-003456

Citation

openlaw-c0a3a64e_8874_436d_8538_1fa5ae42feda.pdf
Court

High Court

The Court corrected the sealed order to add the words 'Plus GST' after 'Purchase Price' and awarded plaintiffs costs limited to $4,800 for commencement; travel and accommodation disbursements were disallowed; agency fee reserved to the Registrar for assessment; remaining disbursements totalling $2,693.96 approved; disbursements to be fixed by the Registrar in accordance with the rulings.
24 Aug 2006

TI RAKAU DRIVE LIMITED (FORMERLY DEBT RECOVERY CO NZ LTD) V TNT MATERIALS HANDLING PTY LIMITED HC AK CIV 2006-404-1771

Citation

openlaw-a41f102d_531b_4289_a0b3_f55d5bf733e3.pdf
Court

High Court

Because the plaintiff elected not to proceed, the presumptions and cost regime in the High Court Rules apply; the defendant, as the successful party, is entitled to costs. There is no justification for increased or indemnity costs under r 48C given the circumstances, and the appropriate assessment yields 1.8 days at the pre-1 June 2006 daily rate of $1,450 producing $2,610, plus disbursements fixed by the Registrar.

New Zealand Case Law

ROEBUCK v LIDDLE BUILDERS & CONSTRUCTION LIMITED [2022] NZHC 277

NAYACAKALOU v MINISTER OF EDUCATION [2017] NZHC 1210

PARLANE V PARLANE HC AK CIV 2009-404-7607

WHITEMAN & ANOR V WHITE & ORS HC AK CIV 2006-404-003456

TI RAKAU DRIVE LIMITED (FORMERLY DEBT RECOVERY CO NZ LTD) V TNT MATERIALS HANDLING PTY LIMITED HC AK CIV 2006-404-1771