New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

High court rules r 14.6 uplift

  • 24 Nov 2016

    JARDEN v LUMLEY GENERAL INSURANCE (N.Z.) LIMITED Costs Judgment [2016] NZHC 2820

    Citation
    [2016] NZHC 2820
    Court
    High Court

    Plaintiffs only achieved a trivial monetary outcome relative to the scale of their claim (solely recovery for lounge floor under $20,000) while failing on the bulk of allegations and pursuing exaggerated/untenable claims despite contrary expert indications; accordingly Lumley was the successful party and awarded costs on Category 2 Band B plus a 25% uplift under r 14.6 and approved disbursements.

    • Costs awards
    • High court rules r 14.6 uplift
    • Declarations
    • Evidence
    • Appeal

  • 13 Feb 2009

    INVERNESS MEDICAL INNOVATIONS, INC AND ANOR V MDS DIAGNOSTICS LIMITED AND ANOR HC AK CIV 2007-404-748

    Citation
    openlaw-fdadbeee_0d58_4bdf_ad99_bb0431dec437.pdf
    Court
    High Court

    Apply Category 2 Band B for the interlocutory applications, disallow certain case management items, accept revised disbursements, and allow a circa 15% uplift under r 14.6(1)(a) because the defendants' obstructive refusal to cooperate on discovery caused unnecessary proceedings; total costs awarded $9,000 plus disbursements $1,301.89.

    • Interlocutory costs
    • High court rules r 14.6 uplift
    • Discovery of documents
    • Case management costs
    • Costs bands