New Zealand Case Law: Decisions & Judgments

Topic

Third party costs

Legal area

Court

2 Dec 2021

SPAK (1996) LIMITED v REECE LEROY [2021] NZHC 3278

Citation

[2021] NZHC 3278
Court

High Court

Associate Judge Bell found the plaintiff's proceedings were an abuse of process and brought for an improper purpose; on that basis indemnity solicitor/client costs were awarded to the defendant for the summary judgment and strike out applications. Costs for the withdrawn contempt application were awarded on a 2B scale. Costs for an application for an unless order were ordered to lie where they fall. Third party costs were reserved pending appeal or final resolution; defendant to file an affidavit quantifying indemnity costs and was awarded $1,500 for preparing costs memoranda.
8 Nov 2019

SCIENCE ALIVE CHARITABLE TRUST v PARRY FIELD LAWYERS [2019] NZHC 2918 [8 November 2019]

Citation

[2019] NZHC 2918
Court

High Court

No factor rebutted the presumption in r 15.23; therefore plaintiff must pay defendants' costs on a 2B basis for all steps up to costs determination; defendants are entitled to recover specified disbursements (expert fee $5,264.70 and costs memorandum $3,585.00); defendants' discontinuance against the second third party carried no order as to costs and plaintiff is not liable for those costs; joinder of the first and third third parties was reasonable so plaintiff must indemnify defendants for the 2B costs awarded to those third parties; no uplift awarded.
6 Jun 2017

SHARP v PILLAY [2017] NZHC 1207

Citation

[2017] NZHC 1207
Court

High Court

The court found the plaintiff had signed an agreement precluding costs against the third defendant and therefore made no order for costs against the plaintiff for the third defendant; the court awarded the fourth defendant increased costs of $1157.36 plus disbursements because the plaintiff acted unreasonably in pursuing an untenable claim up to a strike-out hearing; the court awarded the third party Category 2B costs plus disbursements for steps taken after he was joined as a third party and referred any quantum dispute to the Registrar.
29 Apr 2016

Renton v Accident Compensation Corporation

Citation

[2016] NZACC 120
Court

District Court

The appeal was validly withdrawn under the Discontinuance rules (Part 15) without leave; the court retained discretion to award costs and, given the appellant’s lack of diligence and resultant prejudice to the third party, ordered the appellant to pay $750 to the second respondent as a reasonable contribution to costs.
21 Dec 2015

BODY CORPORATE 326030 v AUCKLAND COUNCIL [2015] NZHC 3359

Citation

[2015] NZHC 3359
Court

High Court

The court held that joinder of Mr Turbott was unnecessary because he was an employee of Ignite and Ignite was vicariously liable, so the Plaintiffs are not liable for costs of his joinder; joinder of Symphony was not improperly made and was inevitable so Plaintiffs must pay costs relating to Symphony; joinder of Fire Engineering and of Mr Vranjes was inevitable given Fire Engineering's advisory and certification role and Plaintiffs must pay those third party costs; Fire Engineering must pay Ignite's costs on Ignite's counterclaim and must pay Mr Turbott's costs for an unjustified cross-claim;…
15 Aug 2014

JAKOV NIKOLA DELEGAT as trustee of the JIM DELEGAT BUSINESS TRUST v CHRISTOPHER JOHN NORMAN [2014] NZHC 1929

Citation

[2014] NZHC 1929
Court

High Court

The court awarded the third party costs on a 2B basis without requiring production of time records, holding that r 14.2(e) makes such verification unnecessary for predictable and expeditious determination; rejected the plaintiffs' contention that the third party meaningfully increased costs; and allowed the awards but required that the substantive award be reduced if it exceeded the third party's actual costs.
24 Sept 2007

Taylor v Accident Compensation Corporation

Citation

[2007] NZACC 226
Court

District Court

On a balancing exercise of discretionary principles the Judge held that because the appeal was dismissed as lacking jurisdiction and effectively moot, the ACC did not seek costs, the third party was an innocent victim but the appellant was impecunious and on compensation benefits, costs should lie where they fall; no costs were awarded against the appellant or in favour of the third party.
26 Jan 2007

Patel v Accident Compensation Corporation

Citation

[2007] NZACC 20
Court

District Court

The judge exercised discretion balancing policy considerations, the rarity of awards by ACC, the appellant's financial hardship and lack of advice from her lay advocate, and the fact the appeal was reasonable to bring, and ordered that costs lie where they fall rather than awarding costs against the appellant.