New Zealand Case Law: Decisions & Judgments

Topic

Joint and several liability

Legal area

Court

15 Sept 2023

100 INVESTMENTS LTD v WALKER [2023] NZHC 2584

Citation

[2023] NZHC 2584
Court

High Court

LPF failed to satisfy the threshold under r 5.45(1) in respect of Mr Whitley because it produced no evidence from which to infer he could not pay costs; although the PVL companies are insolvent, because the plaintiffs are likely to be jointly and severally liable and a non-qualifying plaintiff (Mr Whitley) could meet costs, no security should be ordered against any plaintiffs despite the presence of a litigation funder.
18 Aug 2023

PURUCKER v HUEBLER [2023] NZHC 2246

Citation

[2023] NZHC 2246
Court

High Court

The Court found on the balance of probabilities that the first defendant misappropriated $868,954.24 of the plaintiff's funds; she was liable for breach of fiduciary duty (where applicable) and for money had and received for the full misappropriated sum; the second defendant was jointly and severally liable for $155,127.29 (deposits into the joint account and cheques he cashed); and the separation agreement and certain transfers were entered to defeat creditors and are void under s 47(1) PRA.
16 Aug 2023

LI v YEUNG [2023] NZHC 2210

Citation

[2023] NZHC 2210
Court

High Court

Plaintiffs were awarded costs for the representative orders application on a scale 2B basis limited to steps 22, 24, 26 (half day basis) and 27 (second counsel, quarter day), totalling NZD 6,811.50; that award is jointly and severally payable by the defendants under r 14.14. Each defendant was awarded separate costs on a scale 2B basis for opposing the asset preservation orders limited to steps 23, 24 and 26 (half day allocation), with certification of second counsel for the first defendant at a quarter day; the first defendant's award is NZD 6,811.50 and the second defendant's award is NZD 6…
27 Oct 2021

POWELL v K 2 INVESTMENT GROUP LIMITED [2021] NZHC 2862

Citation

[2021] NZHC 2862
Court

High Court

The Court held that a single set of costs and disbursements fixed on a 2B basis is to be awarded for the proceeding, for which K2 Investment Group Australia Pty Limited and Gabor Kemeny are jointly and severally liable under r14.14; the plaintiff is not entitled to two separate full scale awards; Item 2 applies to the defendant's response to the counterclaim and Item 3 applies to the plaintiff's Reply filed under r5.62; interlocutory costs for the defendants' memoranda are fixed at $1,912 and to be set off against the costs payable to the plaintiff; outstanding costs against K2 Investment Gro…
16 Sept 2021

PALMER v HEWITT BUILDING LIMITED [2021] NZHC 2435

Citation

[2021] NZHC 2435
Court

High Court

The Court held defendants jointly and severally liable for costs; awarded a 10 day allowance for commencement (step 1), 2.5 days for the list of documents (step 20), a four day hearing allowance, allowed scanning/coding disbursements of $2,412.82 and allowed expert valuer fees of $4,766.75 as properly incurred in relation to the claim against the first defendant, and rejected the plaintiff's claim for a five day hearing and seven day discovery allowance.
19 Jul 2021

REBNIK PROPERTIES LIMITED v DOBBS [2021] NZHC 1820

Citation

[2021] NZHC 1820
Court

High Court

The court awarded the successful parties (Rebnik and Mr Ring) costs and disbursements, approved certification for second counsel and expert disbursements as reasonable, and ordered that ARL and Mr Dobbs jointly and severally pay costs of $114,301.50 and disbursements of $217,773.46; bankruptcy of Mr Dobbs did not preclude making the costs award.
29 Jun 2021

SMITH v KING [2021] NZHC 1577

Citation

[2021] NZHC 1577
Court

High Court

Applying s24(2) of the Defamation Act 1992 and having reviewed the invoices and memoranda, the court accepted the invoices as properly incurred and related to this proceeding and ordered the defendants jointly and severally to pay solicitor-client costs and disbursements of $32,667.74.
12 Apr 2021

SELLMAN v SLATER [2021] NZHC 762

Citation

[2021] NZHC 762
Court

High Court

The plaintiffs established entitlement to costs of $60,411 against Cameron Slater because judgment was entered by consent, no other defendants had paid or agreed to pay costs for the claimed steps (so no duplication), and the plaintiffs did not seek uplift given Slater's bankruptcy; consequently the Court awarded costs and ordered the settlement agreement sealed, rendering a suppression order unnecessary.
10 Mar 2021

SLEIGHT v BECKIA HOLDINGS LIMITED [2021] NZHC 456

Citation

[2021] NZHC 456
Court

High Court

The plaintiffs were entitled to recover High Court scale costs ($177,180.63), disbursements ($6,814.09) and expert costs ($204,802.61) totalling $388,779.70, to be paid forthwith by QBE and IAG jointly and severally; IAG breached its contractual obligation under the insurance policy by refusing payment from 19 June 2015 and the plaintiffs are entitled to interest at the prescribed rate of 5% per annum from 19 June 2015 to 30 October 2020 on the judgment sums to compensate for delayed payment.
31 Aug 2020

GEOSTEL VISION LIMITED v ORAKA TECHNOLOGIES LIMITED [2020] NZCA 379

Citation

[2020] NZCA 379
Court

Court of Appeal

The Court held that the appellants' methodology and claimed amounts were appropriate, noting the changed category 2 rate effective 1 August 2019 and the appellants' allocation of shared costs; it ordered the respondents jointly and severally to pay the specified costs and disbursements to the appellants (Napier $21,109.15; Geostel $21,274.64).