24 May 2022
Although the trustees' opposition to the renewal application was misconceived and involved some unreasonableness, their conduct did not reach the threshold of 'badly or very unreasonably' to justify indemnity or increased costs; accordingly costs are payable on the 2B scale totaling $10,994 with disbursements $1,409.99 (total $12,403.99).
16 Oct 2020
Costs awarded on the standard scale applicable to an originating application; indemnity costs and any uplift were declined because the case did not warrant departure from scale despite some improper allegations; an additional scale step was allowed to account for time spent addressing those allegations; the applicant's claimed joint memorandum time was reduced from 0.4 to 0.2 days yielding scale costs of $16,969 and disbursements approved.
11 Aug 2017
Costs were not deferred; defendant entitled to costs on his successful patent revocation counterclaim on a scale basis (no indemnity) because the first plaintiff's defence, though ultimately unsuccessful, was supported by earlier evidence and counsel; plaintiffs entitled to costs for the copyright infringement claim with a 50% uplift for senior counsel's 12‑day appearance limited to the specific prejudice caused by the defendant pursuing unpleaded affirmative defences; certain claims (closing submissions and excessive document inspection days) were disallowed or reduced; net awards and offset…
21 May 2015
The plaintiff had no proper basis for the pre-commencement discovery application as shown by its own draft statement of claim; the defendants voluntarily provided disclosure but were entitled to seek costs and security for costs given the plaintiff's position; accordingly defendants were entitled to an award of costs assessed at doubled scale 2B for a successful interlocutory application (half day), resulting in $13,532 payable by the plaintiff to the defendants.
22 Dec 2011
The court applied ordinary costs principles to family protection proceedings, held that Calderbank offers do not automatically entitle a party to indemnity costs, and awarded costs as follows: indemnity costs awarded only to John Birch against the Wakem Children ($54,786.26); an increased (but not indemnity) consolidated award of $70,000 against the Wakem Children for the claims of Melissa Kirby and Nathan Murray; no costs awarded to the Wakem Children against Melissa Kirby for her unsuccessful claim against her father's estate (those costs to lie where they fall); Olivia Murray-Kirby's costs…
28 Jul 2008
The Court exercised its discretion under the High Court Rules, finding the defendant's written without prejudice except as to costs offers met Rule 48G requirements and, by the time of the fourth offer, the plaintiff's prospects were low; indemnity costs were not awarded but a 50% uplift on the 2B scale was appropriate. The judge allowed 2B costs of $12,000 (with certain items disallowed) and increased that sum by 50% pursuant to r 48C(3)(b)(ii) and (iii) to arrive at a total award of $18,000 to the second defendant.