New Zealand Case Law: Decisions & Judgments

Topic

Increased costs (rule 48c)

Legal area

Court

18 Dec 2006

ABB LTD & ORS V NZ INSULATORS HC AK CIV-2004-404-4829

Citation

openlaw-8fd7eec9_bf06_452d_b5f9_df76939fafaf.pdf
Court

High Court

Court awarded plaintiffs costs on Category 3C at the agreed daily rate $2,150, adjusted awards on specific interlocutory steps (disallowing some and varying bands on others), denied an uplift for discovery or failures to admit absent clear unjustified conduct, allowed an uplift for unexpected and substantial additional trial preparation of 15 days under R48C(3)(a) (reduced from 20 days because NZI succeeded on significant issues), awarded specified interlocutory costs to NZI ($1,290 and 3A award for interrogatories) and ordered those sums and specified disbursements be set off against plainti…
4 Oct 2006

LESA SYSTEMS LIMITED HC CHCH CIV 2006-409-624

Citation

openlaw-0cc54fc4_5487_415a_940d_c1ec2276f901.pdf
Court

High Court

The presumption in Rule 476C was not rebutted because the proceedings were mispleaded and always unlikely to succeed; therefore costs are payable to the defendant and an increase to the 2C scale under Rule 48C is appropriate; indemnity costs are declined but a certificate for second counsel and disbursements for travel and accommodation for two counsel are ordered.
7 Dec 2005

HEWITT V HILL AND ROCHE T/A BOWEN ROCHE AND HILL HC AK CIV 2003-404-2370

Citation

openlaw-af8fa0ec_a2bc_4560_baaf_957d7c957c6f.pdf
Court

High Court

The court found exceptional circumstances existed because the plaintiffs had obtained significant funds from related proceedings (settlement with vendors) and the claim was of questionable merit; accordingly a contribution under s40(1) was ordered (NZD 30,000). The application for increased costs under Rule 48C was refused. The court would have ordered scale costs and disbursements totalling NZD 43,551.50 under s40(3) had the plaintiffs not been legally aided.

New Zealand Case Law

ABB LTD & ORS V NZ INSULATORS HC AK CIV-2004-404-4829

LESA SYSTEMS LIMITED HC CHCH CIV 2006-409-624

HEWITT V HILL AND ROCHE T/A BOWEN ROCHE AND HILL HC AK CIV 2003-404-2370