17 Mar 2023
Because the applicant succeeded on the central issue (a reasonably arguable constructive trust) and the proceedings involved a genuine contest, the Court exercised its discretion to order costs to follow the event and awarded the applicant 2B costs and disbursements totalling $12,702.
8 Mar 2023
Costs awarded to the plaintiff for the interlocutory freezing order application; the proceeding is treated as category 2 overall, the freezing order application is band A, preparation of a modest bundle of authorities is allowed at half of band A, affidavit and written submissions attracted ordinary time allowances, yielding a reasonable time of 4.45 days and total costs of $10,635.50 plus $250 disbursements.
6 Jul 2020
Applicant entitled to recover actual and reasonable costs of the liquidation application from the liquidator under Schedule 7 cl 1(1)(c); claimant awarded indemnity costs of $46,316.06 payable by the liquidator. The opposing shareholder (Bourton) was not ordered to pay full indemnity costs but was held liable for 2B scale costs with a 30% uplift plus disbursements, amounting to $28,554.47; liability for that amount is joint and several. Costs should not lie where they fall because the opponent's alternative (creditors' compromise) never materialised and his conduct, while ultimately unreasona…
7 Feb 2018
The Court held the respondent was the successful party because the appellants' primary contract claim failed entirely; the appellants pursued a misconceived total-loss/rebuild case, failed to provide evidence and comply with directions, and thus the Associate Judge did not err in awarding costs on a 2B basis with a 25% uplift; no reduction under r 14.7(d) was appropriate given the appellants' lack of success on their substantive claims.
21 Dec 2017
The interim injunction application was doomed and no serious question to be tried was established; clause 15 did not justify solicitor‑client indemnity costs for the defence of this urgent interlocutory application, and the receiver, as agent of the creditor, could not recover separate costs here; accordingly FM Custodians was awarded 2B costs and reasonable expenses as approved by the Registrar and indemnity/solicitor‑client costs and non‑party costs were refused.
1 Aug 2017
S's claim was unsustainable and an abuse of process; therefore increased costs were justified. A 50% uplift was appropriate given the conduct and context (Gill considered), but because some time was not exclusively attributable to S a 25% reduction was applied, resulting in S being liable for 75% of Police's 2B costs uplifted by 50%. D's claim was not plainly untenable and the strike out application failed as to him, so no costs were awarded against D.
16 Sept 2015
Defendants are entitled to costs on the interlocutory interim injunction application; there are no grounds for increased costs under r 14.6(3), so costs are fixed now on a standard category 2B basis totaling $8830, with the claim for costs of the costs application rejected.
20 May 2014
Plaintiffs were partially successful; costs awarded on scale 2B without any uplift or reduction. Disbursements allowed except $3,921.50 charged by quantity surveyor Mr Gibson (disallowed because he was not called). No order for costs of the costs application. The Court exercised discretion under r14 to award $60,894.00 costs and $79,828.88 disbursements to plaintiffs.
8 Sept 2010
The plaintiff discontinued a procedurally defective and inadequately researched interlocutory proceeding that put the defendants to expense; under r 14.2 of the High Court Rules the usual rule that costs follow the event applies, and neither impecuniosity nor an unproven claim of seeking legal aid justified withholding costs; defendants awarded costs on a 2B basis fixed at $4,512 plus reasonable disbursements.
19 Mar 2010
The defendants' balance of convenience arguments were not so devoid of merit and the Institute's decision to litigate despite the settlement offer was not so unreasonable; therefore increased costs under r 14.6(3)(b) are not warranted; costs are awarded on a 2B basis to the plaintiffs against the second and third defendants.