New Zealand Case Law: Decisions & Judgments

Topic

Increased costs/uplift

Legal area

Court

6 Oct 2023

DOWNEY v QUIRK [2023] NZHC 2810

Citation

[2023] NZHC 2810
Court

High Court

Proposed defendants were entitled to costs because they successfully opposed the application; increased costs (a 20% uplift on 2B scale) were warranted because the application was procedurally irregular, lacked merit, included serious unsubstantiated allegations and caused unnecessary expense, but full indemnity or a larger uplift was not awarded because of the applicant's status as a self-represented litigant and his ill-health. Separate awards were appropriate for the separately represented solicitor (van Schreven).
5 Oct 2023

DAVEY v CARDINALI [2023] NZHC 2782

Citation

[2023] NZHC 2782
Court

High Court

Proceeding was categorised as band 2 overall; band C was not justified despite voluminous and disorganised filings because claimed 2C scale exceeded actual costs and threshold for 'comparatively large' time was not met. A 2B scale was applied to all steps. An uplift was not justified for refusal to accept the 'walk‑away' settlement offer, but a 20% uplift was justified for steps after the 8/9 March 2023 case management direction due to marked failures to comply with directions. An order requiring costs to be paid directly from the plaintiff's estate shares was declined because it would confer…
10 Jul 2023

JOE & CO BUILDERS LIMITED v THOMPSON [2023] NZHC 1659

Citation

[2023] NZHC 1659
Court

High Court

Applicant must pay respondents' costs and disbursements; indemnity or increased costs were not justified on the facts and conduct presented; the surveyor's fee was an allowable disbursement under r 14.12; non-party costs against the director and beneficial shareholder are not ordered at this stage but leave is reserved to apply later.
27 Jul 2022

FARRAND ORCHARDS LTD v KERIKERI IRRIGATION CO LTD [2022] NZHC 1815

Citation

[2022] NZHC 1815
Court

High Court

The Court rejected the defendant's claim for indemnity costs under r 14.6(4) and held r 14.11 was inapt because the plaintiffs did not obtain any judgment; however the plaintiffs unreasonably refused the defendant's $60,000 Calderbank offer made 29 October 2021 and the defendant was entitled to increased costs (50% uplift on scale 2) for steps after 1 November 2021; time band B applied (no uplift to C); the defendant was entitled to costs for discovery, common bundle and other steps and the claimed disbursements were necessary and reasonable; summary judgment costs on the earlier application…
1 Feb 2022

ON-LINE DIGITAL SOLUTIONS LIMITED v RIDDICK [2022] NZHC 58

Citation

[2022] NZHC 58
Court

High Court

Indemnity costs were refused because On-Line did not act vexatiously or improperly and there were no exceptional circumstances; increased costs were refused because the 6 August letter was not a Calderbank offer and therefore did not engage the provision for failure to accept a settlement offer, and the 9 May 2014 letter had been in the defendant's control and was disclosed at the hearing, so a departure from scale was not justified; accordingly defendant awarded scale (2B) costs of $10,638.42.
1 Sept 2021

HEPPELTHWAITE v HEPPELTHWAITE [2021] NZHC 2278

Citation

[2021] NZHC 2278
Court

High Court

The defendant was substantially successful because he secured the outcome he sought (appointment of an independent solicitor and confirmation as joint executor), costs follow the event, and although plaintiffs' position had some merit the case did not justify an uplift; accordingly plaintiffs were ordered to pay defendant costs fixed at $6,214 with disbursements to be fixed by the Registrar.
30 Jun 2021

JUSTITIAE TRUSTEE CO LTD v NZF NOMINEES LTD [2021] NZHC 1585

Citation

[2021] NZHC 1585
Court

High Court

The Court held that Justitiae's litigation conduct justified increased costs (but not indemnity) for Fairlight, Clive and Clayton for the period from 17 June 2020 (with specified 2C categorisation for preparation of affidavits and hearing preparation) and a 50% uplift on 2B for the earlier period, while DHIL and Heather Bradbury were awarded indemnity costs for 17 June 2020 to 23 February 2021 because claims against them were hopeless and unreasonably pursued; second counsel certification was granted for Fairlight and Clive; Clayton's unrecovered trustee costs were ordered to be borne by Just…
21 Apr 2021

PRESTIGE MOTORS LTD v MY TRUSTEE CO LTD [2021] NZHC 849

Citation

[2021] NZHC 849
Court

High Court

Applicant was the successful party and entitled to costs on a 2B scale plus disbursements totalling NZD 13,790.27. The respondent's opposition was weak but not so egregious or vexatious as to justify indemnity costs or a 50% uplift; conduct outside the proceeding and irrelevant allegations could not support indemnity and increased costs awards.
18 Feb 2020

CREATIVE DEVELOPMENT SOLUTIONS LTD v CHORUS NEW ZEALAND LTD [2020] NZHC 200 [18 February 2020]

Citation

[2020] NZHC 200
Court

High Court

The court held that the Calderbank offer would ordinarily justify costs on a 3B basis from 28 June 2019, but Chorus's misleadingly flattering conduct during negotiations materially mitigated that entitlement; accordingly Chorus was awarded one half of 3B costs from 28 June 2019 and one half of properly incurred disbursements after that date, increased costs were disallowed, and disputed disbursements were to be referred to the Registrar.
16 Jul 2019

WATER OUR WORLD HOLDINGS LTD v PACIFIC EAGLE CAPITAL [2019] NZHC 1645

Citation

[2019] NZHC 1645
Court

High Court

The Court found there was a sufficient evidential basis for the plaintiff's fraud allegations such that indemnity or increased costs were not justified; accordingly costs were awarded on a 2B basis, but because Mr Ohna indisputably controlled and funded the litigation a non-party costs order was appropriate, resulting in an order that the plaintiff and Mr Bernt Eagle Ohna pay $8,474 plus disbursements to the defendant, jointly and severally.