New Zealand Case Law: Decisions & Judgments

Topic

Without prejudice correspondence

Legal area

Court

30 Oct 2020

CAI v THE KUANG (NO 2) TRUSTEE LTD as trustee for the C.K. (No 2) Trust [2020] NZHC 2845 [30 October 2020]

Citation

[2020] NZHC 2845
Court

High Court

The applicant was awarded standard 2B costs for both the originating caveat removal application and the abandoned freezing order; increased or indemnity costs were not justified on the facts and the 'without prejudice save as to costs' correspondence was irrelevant because costs on costs were not sought and therefore the email chain did not affect the costs determination.
12 Sept 2019

POLLARD v WILLIAMS [2019] NZHC 2285

Citation

[2019] NZHC 2285
Court

High Court

Respondents were substantially successful notwithstanding the appeal was allowed in part; a 20% reduction in the normal costs award was appropriate because the Court altered the covenant wording; respondents are entitled to 80% of costs on a 2B High Court scale, to be fixed by the Registrar if not agreed; District Court costs should lie where they fall and without prejudice except as to costs correspondence did not alter the nature of the District Court application.
30 Aug 2019

THE FRIENDS OF ONEKAWA AQUATIC CENTRE SOCIETY INCORPORATED v NAPIER CITY COUNCIL [2019] NZHC 2162

Citation

[2019] NZHC 2162
Court

High Court

Although the applicant achieved interim orders, the outcome was substantially a negotiated settlement and the respondent had indicated willingness to negotiate; accordingly costs were awarded to the applicant but reduced by 30% to reflect the negotiated resolution and background circumstances, with no dispute as to the quantum claimed.
1 Mar 2018

GALLIEN & ANOR v HOPKINS [2018] NZHC 287

Citation

[2018] NZHC 287
Court

High Court

The summary judgment application is dismissed because there are material disputes of fact about whether an oral agreement was formed on 25 May 2016 which cannot be resolved on the affidavit evidence; discovery is incomplete and trial examination is required to test contested matters.
11 May 2016

WAYNE GRAHAM REALTY LIMITED v BROOK [2016] NZHC 950

Citation

[2016] NZHC 950
Court

High Court

The court granted leave to adduce the supplementary affidavit and annexed correspondence because the material was not before the District Court, was central to the appellant's challenge that the costs order was made summarily without evidence, constituted a 'special reason' under r 20.16, admission would assist a holistic assessment and caused no unfair prejudice to the respondent; costs of the interlocutory application were reserved.
18 Mar 2009

AV SHELLEY V A STEPHENS HC WN CIV 2008-485-2604

Citation

openlaw-ed7136c3_424e_42da_8fa3_f5015291e515.pdf
Court

High Court

The court found the relationship property agreement and the Loan Agreement (both signed after legal advice) sufficiently prima facie establish an arguable claim that $45,519.58 is owing and that the $17,432.55 for post‑separation credit account contributions was taken into account; without prejudice correspondence was admissible to avoid misleading the court; on that basis the applicant established a caveatable interest and the court declined in its discretion to remove the caveat.

New Zealand Case Law

CAI v THE KUANG (NO 2) TRUSTEE LTD as trustee for the C.K. (No 2) Trust [2020] NZHC 2845 [30 October 2020]

POLLARD v WILLIAMS [2019] NZHC 2285

THE FRIENDS OF ONEKAWA AQUATIC CENTRE SOCIETY INCORPORATED v NAPIER CITY COUNCIL [2019] NZHC 2162

GALLIEN & ANOR v HOPKINS [2018] NZHC 287

WAYNE GRAHAM REALTY LIMITED v BROOK [2016] NZHC 950

AV SHELLEY V A STEPHENS HC WN CIV 2008-485-2604