8 Apr 2022
The minute of 11 February 2021 merely implemented the prior substantive High Court judgment and was interlocutory in nature; therefore leave to appeal under s56(3) of the Senior Courts Act 2016 must be sought from the High Court and the Registrar correctly refused to accept the appeal filing; the Registrar's decision is confirmed.
13 Jul 2021
Recall was refused because the document was within the defendants' control and there was no satisfactory explanation for its non-production earlier, the delay (about five years) and collateral use rules precluded recall as a means to avoid appeal; minor errors in Andrews J's judgment (interest formulation and GST reference) were corrected as accidental slips; the Court ordered the defendants to pay the plaintiff a net sum of $46,893.88 as at 5 September 2012 and directed the order lie in Court pending any timely application for stay within five working days.
28 Jul 2020
As the successful appellant was entitled to costs on scale B the court awarded $9,000 (reflecting the five‑day allocation, adjustments for steps not required and allowance for call memoranda and sealing), but refused to allow costs for the costs application as a sanction because counsel contributed to the incorrect sealing of a costs order.
20 Dec 2017
Dismissed. Applicant failed to establish a reasonable prospect that the sealed Swery Proceedings file contained material relevant to the Extradition Proceedings, the US civil damages claims, or the NZ freezing orders; the request was speculative and the confidentiality interests and prior sealing order outweighed the limited public interest in access.
15 Jul 2015
Costs awarded to the applicants on scale 2B without uplift because the respondent's opposition and refusal of the compromise were not sufficiently unreasonable to justify an uplift; applicants bore some responsibility for the unsigned resolution; costs of sealing the costs order were recoverable but no costs for memoranda or sealing the appointment order.
26 May 2015
The court held the trustees are entitled to transfer 106 Holdens Road to Michael subject to Maurine Sayes' existing notice of claim because (a) the transfer was within the scope of prior judgments and reserved leave to give implementation directions, and (b) the notice is a recognised statutory interest that cannot be ordered removed; the court also authorised joining Colin Wright as applicant for the s143 caveat removal application to correct an omission, declined to make specific sealed-order provisions on GST/taxation, reserved leave on interest entitlement issues, and sealed a comprehensi…
19 Feb 2015
Stay refused because appellant had effectively abandoned the appeal by failing to pay required security for costs and demonstrated ongoing impecuniosity, and because immediate sale by auction was commercially appropriate to protect the successful defendant's rights; sealed sale orders were consistent with the parties' contractual terms; the separate defamation proceedings were not an abuse of process but must be pursued by appropriate application if challenged.
22 Dec 2014
Award costs on a 2B scale (scale costs reduced to $11,741) plus disbursements $1,658.20; decline to depart from scale despite applicant's time records and disallow claimed sealing order fee and the $402.50 costs memorandum fee.
3 Aug 2011
Costs were fixed on a 2B basis but adjusted: para 4.17 claim for mentions/callover was disallowed; both respondents awarded preparation costs on a half-day basis with an additional 0.25 day allowed to the first respondent for later attendance; only the first respondent may claim costs for sealing the judgment; no sealing filing fee is payable. Net awards: first respondent $3,854; second respondent $2,068.
14 Feb 2007
Court ordered that Chabro must purchase Mr Dunning's shares for the fair value fixed previously ($880,000) with staged payments to provide Chabro reasonable time to arrange funding: $440,000 by 15 May 2007, $220,000 plus accumulated interest by 31 October 2007, and the balance including all outstanding interest by 30 April 2008; interest at 7.5% per annum to run from 1 January 2006; costs awarded to plaintiff against Chabro only in specified sums and plaintiff entitled to full reasonable disbursements including expert fees (less Moorest filing fee); Moorest proceeding costs disallowed.