6 Sept 2023
Court concluded that under s45(5) LSA costs would have been ordered on discontinuance; there was insufficient information to justify increased costs under r14.6(3) HCR, so costs on a 2B scale without uplift were appropriate; preparation (Item 32) properly includes written submissions; therefore plaintiffs would have been ordered to pay $18,642 costs plus $280 disbursements.
28 Jul 2023
Barr was entitled to costs on a 2B basis in both proceedings; certain overlapping steps were apportioned and shared (reduced total allowance for specified steps split equally), two sealing allowances/fees were awarded (one per proceeding), an uplift of 50% on scale costs was justified for CIV-2023-409-34 because Centro improperly used the statutory demand procedure, and a 0.4 day allowance for costs memoranda (split between proceedings) was awarded.
7 Jul 2023
Because the first respondent's application for release of living costs was dismissed, the Commissioner succeeded and, applying ordinary costs principles as applicable to Criminal Proceeds Recovery Act proceedings, the court awarded costs to the Commissioner on a 2B scale in the sum of $10,695.25 as unopposed and reasonable.
12 Feb 2021
The Commissioner is entitled to an award of scale 2B costs for the period Mr James was self-represented; because Mr Hamlin remained the solicitor on the record until leave to withdraw was granted on 17 September 2020, costs could not be claimed for actions dated 14 September 2020 and attendance on 17 September 2020, reducing the claimed amount and resulting in an award of $12,308.50 against Mr James.
18 Sept 2020
The court recalled the prior judgment under r 11.9 because a Calderbank offer under r 14.10 had not been brought to the court's attention; having considered the timing and amount of the offer the court concluded an uplift of 30% above 2B costs was justified and reissued the judgment correcting the debt figure and awarding costs of $46,450 plus disbursements of $1,770.
19 Jun 2020
The Court confirmed JNJ’s contractual entitlement to indemnity costs under the lease and, as amended by the Court of Appeal, awarded JNJ indemnity costs and full disbursements totalling $132,770.38 against Kent Sing, Quoc Thai and Le Quan Wu, and awarded costs and disbursements of $67,444.70 against General Goods and Kent Sing for the counterclaim on a 2B basis as amended by the Court of Appeal.
31 Oct 2019
The court held that both respondents were entitled to costs following the event but, applying r 14.15 and recognising overlapping submissions, apportioned costs so that written submissions costs for the stay application and appeal were shared between respondents while each respondent received costs for appearances; this produced reduced awards to reflect overlap.
30 May 2019
Defendants are entitled to costs on a 2B scale for the part of the application relating to the Union Road property, but full costs are inappropriate while the Taurima Avenue part remains unresolved; costs are apportioned 50% to Union Road and 50% to Taurima Avenue, with an actual award now of $3,179.50 plus disbursements of $62.50 for the Union Road part, and further costs reserved pending resolution of the Taurima Avenue application.
21 May 2018
The applicant failed to respond to the respondent's costs claim and the Court accepted the respondent's conservative 2B scale calculation and certified disbursements; accordingly the applicant was ordered to pay $29,680.45 in costs and disbursements to the respondent.
19 Mar 2018
The court awarded costs to the plaintiffs on a 2B basis but excluded Steps 28 and 36 from the assessment, declined to award costs for the costs application itself, and fixed the costs at $5,958.00.