New Zealand Case Law: Decisions & Judgments

Topic

Increased costs under r14.6

Legal area

Court

20 Sept 2022

MELCO PROPERTY HOLDINGS (NZ) LIMITED v ANTHONY JOHN HALL [2022] NZHC 2416

Citation

[2022] NZHC 2416
Court

High Court

The defendant unreasonably rejected the plaintiff's 3 December 2020 settlement offer and his conduct (including inconsistent evidence and failure to admit facts shown by discovered phone records) engaged r 14.6(3)(b)(v); a 50% uplift on category 2B scale costs was appropriate, resulting in costs of $82,903.13 plus disbursements of $23,224.03 (total $106,127.16) payable by the defendant to the plaintiff.
3 May 2022

ELISHUA v FREELAND [2022] NZHC 895

Citation

[2022] NZHC 895
Court

High Court

The Court awarded costs to the first respondent: 2B scale for the period after 8 March 2019 and for specified earlier and later periods as set out in the respondent's memoranda, excluding the period when the applicant was legally aided (24 July 2018–22 November 2018); the Court declined to order increased costs under r14.6(3)(b); the applicant could not recover costs for unpleaded trust claims; and leave was reserved to the second respondent to seek any costs from the Goldstein Family Trust fund.
10 Nov 2017

MĀORI TRUSTEE v HILL [2017] NZHC 2758

Citation

[2017] NZHC 2758
Court

High Court

The Māori Trustee was entitled to 2B costs; Mr Hill re‑ran previously dismissed, meritless arguments amounting to abuse of process and causing unnecessary expense, which justified an uplift above scale but not the 50% sought; a 20% uplift on 2B costs was appropriate; disbursements to be fixed by the registrar.
21 Dec 2015

MESSENGER v STANAWAY REAL ESTATE LTD & ORS [2015] NZHC 3352

Citation

[2015] NZHC 3352
Court

High Court

The plaintiffs were awarded standard 2B costs for all steps; their application for re-categorisation to 2C and for increased costs under r14.6 failed because they did not demonstrate time or conduct warranting uplift; Simpson Western was awarded 2B for all steps except discovery which was 2C, and a 20% uplift on scale costs from 19 August 2014 was allowed for pursuit of an argument that lacked merit by Stanaway; certification for second counsel was granted for the plaintiffs and Simpson Western; interest of $520,193.33 and $148,134.31 was awarded on the two judgment sums respectively.

New Zealand Case Law

MELCO PROPERTY HOLDINGS (NZ) LIMITED v ANTHONY JOHN HALL [2022] NZHC 2416

ELISHUA v FREELAND [2022] NZHC 895

MĀORI TRUSTEE v HILL [2017] NZHC 2758

MESSENGER v STANAWAY REAL ESTATE LTD & ORS [2015] NZHC 3352