New Zealand Case Law: Decisions & Judgments

Topic

Service fees

Legal area

Court

18 Dec 2023

IBUY PROPERTY LIMITED v HE [2023] NZHC 3012

Citation

[2023] NZHC 3012
Court

High Court

The lease was a sham and a device to enable the registered owner to remain in possession; because the second defendant and the owner acted together dishonestly the second defendant is not entitled to joinder costs, IBuy is entitled to costs against the defendants and a 50% uplift on scale costs for steps after joinder, and the late filing of the costs memorandum is excused by extension of time under r 1.19 given lack of prejudice.
30 Mar 2021

WOOTTON v WOOTTON [2021] NZHC 658

Citation

[2021] NZHC 658
Court

High Court

The Registrar did not err in accepting the bankruptcy notice because there was no information before the Registrar that the part payment had been accepted, presented or applied; a creditor's unexplained retention of a bank cheque raises a factual issue as to acceptance which must be addressed by the creditor before costs are determined, therefore the application to review the Registrar's decision is dismissed and costs are reserved pending the creditor's explanation of the delay in returning the cheque.
15 Oct 2012

WESTBURY THOROUGHBRED LTD V WEBSTER AKA MARGARET WATSON HC AK CIV-2011-404-005886

Citation

openlaw-6b81b1b0_227c_4ac1_9762_7e73b76e7c31.pdf
Court

High Court

The court held that the plaintiffs were entitled to further particulars of the alleged oral term because such particulars were necessary to fairly inform the plaintiffs and the Court; particulars already supplied in relation to the implied term, the sale proceeds and the branding/illegality allegations were adequate and no further detail was required; the defendant was ordered to file an amended statement of defence and counterclaim including the required further particulars by 5.00 pm on 19 October 2012 and the plaintiffs were entitled to costs on a 2B scale for the application.
11 May 2012

WESTBURY THOROUGHBREDS LIMITED V MARGARET MARY-JEAN WEBSTER (ALSO KNOWN AS MARGARET WATSON) HC AK CIV 2011-404-005886

Citation

openlaw-fd2f0702_10bc_495b_b818_2cb88fcf9610.pdf
Court

High Court

Material factual disputes existed about the basis and scope of agistment charges, the existence and effect of an oral deferred payment ('pay when paid') agreement, and whether Westbury had contractual authority and standing to claim agistment and exercise a lien beyond the Librettist contract; because the plaintiff failed to establish absence of a triable defence summary judgment was not appropriate and the application was dismissed.
21 Jan 2009

GOLDEN FUND LIMITED V REECE HC AK CIV 2008-404-007600

Citation

openlaw-ca37eb38_5fc3_45e6_bd73_305c7141696d.pdf
Court

High Court

Because the plaintiff's affidavits established the defendant's liability under the guarantee and there was no appearance or notice of opposition, summary judgment was granted for the principal sum plus interest to date and for post-judgment interest, solicitor-client costs, service fees and disbursements as specified.

New Zealand Case Law

IBUY PROPERTY LIMITED v HE [2023] NZHC 3012

WOOTTON v WOOTTON [2021] NZHC 658

WESTBURY THOROUGHBRED LTD V WEBSTER AKA MARGARET WATSON HC AK CIV-2011-404-005886

WESTBURY THOROUGHBREDS LIMITED V MARGARET MARY-JEAN WEBSTER (ALSO KNOWN AS MARGARET WATSON) HC AK CIV 2011-404-005886

GOLDEN FUND LIMITED V REECE HC AK CIV 2008-404-007600