7 Sept 2016
The Council was entitled to an award of costs; while costs are to be assessed on a 2B basis, the award must not exceed actual costs incurred, and the Court approved the Council's claimed incurred amount of $7,080.00 and directed the Registrar to seal a costs order in that sum.
7 Oct 2015
Having considered counsel's submissions and the overall outcome, in which the appellant achieved only modest success, the court exercised its discretion to order that costs lie where they fall on the appeal.
17 Aug 2015
An order for reimbursement under s135A COCA is distinct from, and not barred by, the s45 Legal Services Act prohibition on costs against aided persons; s135A requires courts to order contributions from parties (including legally aided persons) unless s135A's serious hardship exception or other adjustment applies, and legal aid status is relevant to but not determinative of serious hardship.
8 Oct 2014
The court awarded party and party costs on a 2B basis but reduced the preparation allowance for item 33 from three days to one day, reducing that item from $5,970.00 to $1,990.00; total costs awarded were $26,964.50 with disbursements of $246.35.
21 Dec 2012
Mrs Hubbard is entitled to an award of costs to be paid from the Hubbard Management Fund on a 3C party and party basis (with an allowance for a second counsel and reasonable disbursements) because she was served and entitled to respond, made a substantial contribution to the proceedings and the orders relied on the distribution method advanced by her counsel; the fact that Mr Hubbard's conduct gave rise to the proceedings does not, of itself, preclude recovery of costs.
13 Nov 2012
The Court declined to depart from the Court of Appeal's ruling in re Collier and held that lay litigant trustees are not entitled to general scale costs; they are entitled only to reasonable disbursements, which are to be submitted and approved by the Registrar.
30 Aug 2012
The plaintiffs are entitled to party and party costs for the strike-out application calculated under Rule 2B; the defendants' non-compliant costs memorandum was not read; the plaintiffs' partial use of counsel and litigant-in-person status do not preclude a costs award; a one day discount is appropriate for identified pleading deficiencies, producing a net award of $5,273.50.
26 Sept 2011
Plaintiff established service of the costs particulars within the required time and the defendant failed to respond within seven days; the court concluded the claimed party and party costs and disbursements were reasonable and ordered costs in accordance with the plaintiff's memorandum dated 30 August 2011.
17 Dec 2009
The Court was satisfied there was reason to believe the plaintiff would be unable to pay the defendant's costs if unsuccessful given the plaintiff's sole significant asset is an unsecured advance to companies in receivership with uncertain realisable value; balancing the defendant's risk and limited prejudice to the plaintiff, the Court in its discretion ordered security for costs of $60,000 to be paid to the Registrar by 29 January 2010 and stayed the proceeding until payment.
18 Jul 2007
Given lack of financial particulars from Blue Sky and potential inability or unwillingness to meet adverse costs, the Court exercised its discretion to order security for costs of $70,000 per defendant (or per paired defendants where applicable), payable in two tranches, in the interests of fairness and proportionality; stays were declined at this stage but leave granted to apply on short notice in event of default; costs of the applications awarded to defendant applicants on a 2B basis.