18 Dec 2020
LANGE v LANGE [2020] NZHC 3409
- Citation
- [2020] NZHC 3409
- Court
- High Court
Applicant entitled to costs on a 2B basis in the amount of $8,484.50; the claimed disbursements of $873.60 for flights and accommodation are not recoverable.
New Zealand Case Law
Recoverability of disbursements
6 Nov 2019
BHANABHAI v LOWNDES [2019] NZHC 2885
- Citation
- [2019] NZHC 2885
- Court
- High Court
Because the defendant implicitly demonstrated wilful and inexcusable disregard for the court's preceding order, indemnity costs are justified; actual legal expenses reasonably incurred are recoverable but a $200 office administration charge is not recoverable and any GST component must be deducted if recoverable from the Commissioner of Inland Revenue, resulting in an order for payment of $29,572.15 less any GST recoverable.
18 Mar 2015
HARICOT INVESTMENTS LIMITED v MAEREWHENUA DISTRICT WATER RESOURCE COMPANY LIMITED [2015] NZHC 518
- Citation
- [2015] NZHC 518
- Court
- High Court
Plaintiff was only partially successful (success on one issue concerning cl 14.4); starting point 3C is appropriate but must be discounted by 66% to reflect limited success and inefficiencies caused by plaintiff's broad pleadings and failure to identify core issues earlier; uplift denied; expert witness fees on valuation ($49,579.27) disallowed as not relevant to issues of success; routine office disbursements allowed; no costs awarded to defendant on the costs application and no costs to either party for making costs applications.
27 Feb 2012
WYNN WILLIAMS & CO V KAIN HC CHCH CIV-2010-409-002772
- Citation
- openlaw-60b27c6d_9645_4e0d_a699_cad0bf80ff90.pdf
- Court
- High Court
The court awarded costs to the plaintiff as the successful party in category 2, held commencement of proceedings was Band A (1.6 days), preparing and filing the summary judgment application and supporting affidavits was Band C, allowed 1.5 days each for preparation for hearing and for arguing the hearing with a 20% uplift (not 50%), and held photocopying costs of $1,172.46 were recoverable as necessary and specific litigation disbursements.
9 Oct 2009
R PRASAD V INDIANA PUBLICATIONS (NZ) LIMITED AND ORS HC AK CIV 2009-404-001521
- Citation
- openlaw-992878ac_5a22_41ad_bc91_cc6f8644b321.pdf
- Court
- High Court
Costs of $14,931 awarded against Mr Prasad for the discontinuance because his District Court proceedings were misconceived, unnecessary and amounted to impermissible re-litigation; indemnity approach justified for discontinuance costs; no costs awarded to the successful appellant on the appeal because the District Court proceedings were misconceived and disbursements were not properly recoverable by a lay litigant.
7 Apr 2009
NEW ZEALAND POLICE V BARR CA CA700/2008
- Citation
- openlaw-c0ca0adc_e98d_432c_ad41_490360891604.pdf
- Court
- Court of Appeal
The Costs in Criminal Cases Act 1967, read with the Costs in Criminal Cases Regulations 1987, authorises courts to order convicted defendants to pay properly and reasonably incurred disbursements for scientific testing (including medical blood-test fees) that relate to the prosecution; the timing of when the testing was commissioned does not preclude recovery provided the testing relates to the prosecution and the court exercises its discretion to order only sums that are just and reasonable.