26 Sept 2023
The Court concluded only a claim on scale 2B was justified, accepted the applicant's schedule of costs and disbursements filed on 22 September 2023, and ordered those costs and disbursements be paid out of the estate because the beneficiaries have agreed by Deed of Family Arrangement that estate expenses, including court costs, are to be met by the estate.
16 Aug 2023
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 Jan 2023
Costs awarded to the applicant on a 2B scale with a 25% uplift because the applicant succeeded and the respondent failed to act reasonably by filing numerous irrelevant memoranda that caused additional costs; the threshold for indemnity costs was not met.
27 Jun 2022
Respondent was entitled to costs on a 2B basis as previously awarded and the appellant did not dispute the respondent's calculation, therefore the appellant must pay $9,560 in costs.
29 Oct 2021
Respondents were entitled to costs on a 2B basis; after disallowing specific non-claimable items and recognizing duplicate steps across mirror proceedings, the 2B scale plus disbursements exceeded actual costs, and the court awarded 50% of actual costs to each respondent, namely $17,050.42 per proceeding.
19 Nov 2020
The Court ordered costs on a scale 2B basis with specified disbursements because the plaintiff accepted that award to avoid further costs; the pragmatic acceptance rendered it unnecessary to determine finally whether the Term Loan clause mandated indemnity costs.
9 Nov 2020
The plaintiff is entitled to costs on a 2B scale limited to filing the interlocutory application and obtaining judgment without appearance totalling $2,151; claimed additional costs for preparation of written submissions are disallowed in the absence of opposition; disbursements of $500 are allowed.
6 Oct 2020
Because the applicant withdrew the application and conceded costs on a 2B basis, the court awarded costs to the respondent on a Scale 2B basis with disbursements as per the respondent's schedule.
3 Jul 2020
Costs were fixed on a 2B basis; certification for second counsel was declined because the matter was straightforward and a single counsel sufficed; the common bundle was prepared by Smartpay so BNZ could not separately claim for its preparation; Smartpay was obliged to file a statement of defence under r 12.4(3) and (4) and is entitled to recover 2B costs for that step; accordingly OHQL ordered to pay BNZ $8,365 plus disbursements $1,130.43 (total $9,495.43) and Smartpay $15,057 plus disbursements $1,519.64 (total $16,576.64).
23 Jun 2020
The respondent was entitled to recover its actual costs of $4,950 rather than a 2B scale calculation greater than actual expenditure; the Consent Holder was not entitled to indemnity or uplifted costs because the appellant's appeal, while lacking merit and at times discursive, was not brought with flagrant or very unreasonable misconduct but reflected an elderly litigant‑in‑person's lack of legal familiarity; consequently the Consent Holder is awarded costs on scale 2B with an adjustment reducing the claimed preparation days to two.