New Zealand Case Law: Decisions & Judgments

Topic

Scale costs (2b)

Legal area

Court

9 Nov 2023

RE ESTATE OF TONER [2023] NZHC 3159

Citation

[2023] NZHC 3159
Court

High Court

The court held that (1) each joint case management memorandum constitutes a separate step under item 11 of Schedule 3 and is payable to each successful party; (2) the hearing was an affidavit hearing under the Court's probate jurisdiction so items 30,31,32 and 34 (and not items 37 and 40 for originating applications) apply to preparation for and appearance at the hearing; and (3) where parties have common or overlapping interests and run an aligned case, a single costs award is appropriate. Accordingly a single 2B award of $15,415.50 was allowed to be shared equally between Mrs Threadwell and…
7 Jun 2023

SINGH v BUTTAR [2023] NZHC 1401

Citation

[2023] NZHC 1401
Court

High Court

The Court awarded 2B scale costs, refused costs-on-costs, allowed reasonable second counsel and expert disbursements, apportioned one case management conference fee between related proceedings, and applied a 30% uplift because the respondent's opposition to the s165 application lacked merit and caused unnecessary additional steps; uplift for refusal to settle was reserved as premature and may be raised after any substantive proceedings.
10 Feb 2023

THAVARAG v WILLIS STREET PARKING LIMITED [2023] NZHC 163

Citation

[2023] NZHC 163
Court

High Court

The court exercised its discretion within established High Court rules principles and awarded the appellant actual legal aid costs of $5,761.51 rather than higher scale 2B costs; wider policy aims of incentivising legal aid providers do not justify departing from principled costs assessment.
29 Jul 2022

MANN v FAR NORTH DISTRICT COUNCIL [2022] NZHC 1843

Citation

[2022] NZHC 1843
Court

High Court

Respondent awarded 2B scale costs calculated on 4.85 days totalling $11,591.50; indemnity costs and increased costs were declined because, viewed at the time, the appellants' counteroffer seeking removal of the asbestos pipe once the easement ended was not unreasonable and appellants did not, without reasonable justification, unnecessarily contribute to the time or expense of the appeal.
6 May 2022

JOINERY SCENE LTD v HISPEC HOMES NZ LTD [2022] NZHC 959

Citation

[2022] NZHC 959
Court

High Court

Court awarded scale 2B costs rather than applicant's claimed actual costs because applicant did not justify uplift or indemnity, the defendant's calculation of 2B scale costs ($9,679.50) was accepted, and disbursements of $1,397.06 were allowed as claimed.
17 Sept 2021

ROYALE BIOTECH GROUP LTD v HI GLOBE INTERNATIONAL TRADING LTD - Costs [2021] NZHC 2441

Citation

[2021] NZHC 2441
Court

High Court

Because the court found Royale Biotech had engaged in an abuse of process by using the proceeding to prevent release of the bottles, its conduct met the statutory threshold for indemnity costs; accordingly the court awarded 2B scale costs to the date Royale last took a step and indemnity costs thereafter, and disallowed GST recovery.
10 Aug 2021

BEARDSMORE v PRIME BOOKKEEPING LTD [2021] NZHC 2054

Citation

[2021] NZHC 2054
Court

High Court

Because the plaintiff's proceedings were found to be oppressive, unreasonable and likely to cause serious professional harm, the Court confirmed indemnity costs should extend to the period 3 June 2020–20 July 2020 and assessed those costs as reasonable on the evidence; the Court also awarded 2B scale costs for the costs application and sealing of judgment, resulting in a total award of $7,296.80 against the plaintiff.
9 Aug 2021

HAWKEN LANE DEVELOPMENT LP v PROPERTY SALES DIRECT LTD [2021] NZHC 2051 [9 August 2021]

Citation

[2021] NZHC 2051
Court

High Court

Slip rule did not apply because the judgment contained no clerical error; the Horowhenua/Nash grounds for recall were not met; applicant failed to provide a correct 2B scale calculation or seek leave to challenge respondent's calculation; indemnity costs were not warranted; award of $16,491 was within appropriate range and the recall/correction application is dismissed, but applicant entitled to disbursements $1,506.
18 Dec 2020

DRIVER v RADIO NEW ZEALAND LIMITED [2020] NZHC 3398

Citation

[2020] NZHC 3398
Court

High Court

The court certified second counsel was appropriate but declined to order any uplift beyond 2B scale costs because the plaintiff's conduct was not sufficiently unreasonable to justify departure from the predictable scale costs regime; accordingly the plaintiff was ordered to pay 2B costs of $14,101 and disbursements of $2,351.20 (total $16,452.20) and the previously paid security for costs was released.
12 Jun 2020

SONCAM LTD (IN LIQUIDATION) v MAD BUTCHER HOLDINGS LTD [2020] NZHC 1313

Citation

[2020] NZHC 1313
Court

High Court

Award 2B scale costs to plaintiff and counterclaim defendants as per attached schedule with corrections: remove duplicate filing step and an unrecorded appearance step; apply appropriate daily recovery rates by date; decline any uplift because the defendant's steps and allegations were not sufficiently unnecessary or without merit to justify increased costs. Total awarded $28,325 (rounded up), including disbursements.