New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Re buckton classification

  • 16 May 2014

    GOUGH v STRAHL [2014] NZHC 1038

    Citation
    [2014] NZHC 1038
    Court
    High Court

    The first proceeding is a Re Buckton class 3 matter (beneficiary making a claim adverse to other beneficiaries) so costs are governed by r 14.2 rather than requiring payment from the trust fund; Harcourt was unsuccessful and must pay scale costs to Mr Strahl (NZD 34,626.00 plus NZD 966.80 disbursements) and to Mrs McKinnon on a 2B basis (NZD 48,954.00 plus NZD 3,696.20 disbursements); no award of increased costs was justified on the facts; costs on the unresolved issue of Harcourt's beneficiary status are to be fixed when that issue is determined.

  • 16 Apr 2007

    DARK V WEENINK & ORS HC AK CIV 2003-404-5846

    Citation
    openlaw-bdc0275c_c611_4483_94d1_ac0952fb4e6b.pdf
    Court
    High Court

    The court affirmed the earlier award of indemnity costs for the whole proceedings but held indemnity costs mean actual costs reasonably incurred; it rejected defendants' attempt to confine recovery to a notional trustees' proceeding, made limited specific deductions for items incorrectly charged, found the remainder of the costs fell within a reasonable range given complexity and importance, and fixed indemnity costs at $117,088.37 to be payable out of the trust fund.