New Zealand Case Law: Decisions & Judgments

Topic

Travel costs

Legal area

Court

31 Jul 2020

COMMERCIAL MANAGEMENT LTD v COMMISSIONER OF INLAND REVENUE [2020] NZHC 1906 [31 July 2020]

Citation

[2020] NZHC 1906
Court

High Court

The Commissioner was entitled to recover 2B scale costs for preparation of written submissions, counsel's appearance at the defended hearing, and the sealing of the interlocutory order because the appellants vigorously opposed the intervention applications thereby making those steps necessary; costs for the interlocutory application filings and the filing fees were disallowed because some costs would have been incurred regardless; sealing fees and the reasonable airfare for Wellington counsel were allowed; total costs and disbursements of $5,204.87 awarded to the Commissioner, each appellant…
8 Feb 2018

HE v THE EARTHQUAKE COMMISSION [2018] NZHC 67

Citation

[2018] NZHC 67
Court

High Court

Band C allocated for defendants' preparation and trial steps but additional days denied; a 50% uplift on scale costs awarded because plaintiff's conduct (late evolving case, changing experts, failure to admit facts and engage in conferencing) unreasonably increased time and expense; defendants entitled to recover full, reasonable expert witness fees and counsel travel disbursements; certain memoranda were recoverable while the earlier wasted costs award remains payable only once proceeding is finally disposed of (appeal rights exhausted or proceeding otherwise finally disposed); specific cost…
6 Jun 2014

TFG SOCIETY INC v LAND INFORMATION NZ [2014] NZHC 1196

Citation

[2014] NZHC 1196
Court

High Court

Award costs to respondents on scale with a 50% uplift under r 14.6(3)(b)(ii) because the applicant pursued an argument that lacked merit and sought relief that had no apparent point; award specific recoveries: second and third respondents recover costs for preparation of authorities on scale, are entitled to second counsel and travel costs; first respondent receives a $500 allowance for its contribution to the authorities and is not entitled to second counsel costs; respondents may claim scale costs for preparation of the plaintiff's memorandum.
6 Mar 2009

GENEVA MARKETING (1998) LTD V JOHNSON & JOHNSON AND ORS HC AK CIV 2007-404-2431

Citation

openlaw-04ae4e3e_2cae_46f3_afa7_47141562fef5.pdf
Court

High Court

The court ordered the plaintiff to pay reduced costs because items in the defendants' schedule were disallowed and travel/accommodation for out‑of‑town counsel was not recoverable where the proceeding was issued in the defendants' registered‑office registry; costs awarded $21,120 and disbursements $3,650, total $24,770.
25 Jul 2008

Lungulescu v Accident Compensation Corporation

Citation

[2008] NZACC 168
Court

District Court

ACC lawfully applied the applicable transport regulations and is not required to pay further amounts because the appellant failed to prove actual taxi costs, the 1992/1999 regulations limit reimbursement to public transport or per-kilometre rates, and the 2002 regulations require prior approval and necessity for actual taxi fares which were not established.
4 May 2006

POLICY MANAGEMENT LIMITED V THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED HC WN CIV-1996-485-01

Citation

openlaw-d771b8d8_60f6_4e07_8c50_8a09664d0edb.pdf
Court

High Court

Second counsel costs disallowed because there was no certification and the strike out application was not a rare case justifying second counsel; travel and accommodation disbursements were disallowed because counsel's relocation within the same firm does not justify charging the opponent, leaving only filing and sealing fees as recoverable disbursements; the plaintiff was ordered to pay costs on a 2B basis of $6,670.00 and disbursements of $640.00.

New Zealand Case Law

COMMERCIAL MANAGEMENT LTD v COMMISSIONER OF INLAND REVENUE [2020] NZHC 1906 [31 July 2020]

HE v THE EARTHQUAKE COMMISSION [2018] NZHC 67

TFG SOCIETY INC v LAND INFORMATION NZ [2014] NZHC 1196

GENEVA MARKETING (1998) LTD V JOHNSON & JOHNSON AND ORS HC AK CIV 2007-404-2431

Lungulescu v Accident Compensation Corporation

POLICY MANAGEMENT LIMITED V THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED HC WN CIV-1996-485-01