New Zealand Case Law: Decisions & Judgments

Topic

Without prejudice offers

Legal area

Court

23 Jun 2023

JENHASH CONTRACTING & CONSULTANTS LTD v ECO-SMART HOMES NORTHWEST LTD [2023] NZHC 1580

Citation

[2023] NZHC 1580
Court

High Court

Indemnity costs were not justified because the applicant's conduct, while amounting to failure to comply with directions and non‑appearance causing unnecessary steps, did not reach the threshold of flagrant or very bad conduct required for indemnity costs; increased costs were appropriate and a 50% uplift on 2B costs was awarded, giving $18,104.25 plus disbursements to be fixed by the Registrar; without prejudice offers could not be meaningfully compared given the strike out.
21 Dec 2020

ROBBIES BAR AND BISTRO LTD v ROBBIES BAR AND BISTRO FRANCHISING LTD (in liq) [2020] NZHC 3484

Citation

[2020] NZHC 3484
Court

High Court

The plaintiffs failed to prove the required 'something more' to justify non-party costs: the Kofoeds were directing minds of a closely held, insolvent company but their advances and conduct were capable of being genuine attempts to preserve the company, there was no established impropriety or evidence they acted primarily for personal advantage or to evade liquidator claims, and the timing and evidence explained liquidation as a prudent commercial step; accordingly non-party costs were not justified.
4 Sept 2020

BALLANTYNE TRUSTEES LTD v HFK LTD [2020] NZHC 2301

Citation

[2020] NZHC 2301
Court

High Court

Defendants were overall successful on the application for a second tranche of security for costs and are entitled to costs on a 2B basis, but those costs are reduced by 50% because defendants failed to provide satisfactory evidence for the large experts' fees claim and their counter-offer was excessive; plaintiffs' offer was late and not wholly determinative but is a discretionary factor reducing defendants' costs entitlement.
29 Jun 2017

SZEKELY v MUSE ON ALLEN LIMITED [2017] NZHC 1468

Citation

[2017] NZHC 1468
Court

High Court

The plaintiff, having failed, was liable for costs; company legal costs could not be claimed from the individual Norths after liquidation, but the Court could order payment of disbursements actually incurred personally by Samuel North, totaling $7,830.91, supported by evidence and reasonable without prejudice offers.
27 Mar 2015

BARBALICH v LEADERS REAL ESTATE (1987) LIMITED [2015] NZHC 593

Citation

[2015] NZHC 593
Court

High Court

The plaintiff honestly believed misrepresentations occurred and sought vindication; given the disputed credibility and causation issues it was not unreasonable to proceed to trial and to reject the settlement offers, so an uplift in costs was declined; however defendants' incomplete and late discovery caused additional cost and the appropriate remedy was to disallow the defendants' claimed costs for preparing their list of documents (NZD 4,975), resulting in a costs order of NZD 34,228 in favour of the defendants.
2 Aug 2012

LITT V LITT HC HAM CIV-2011-419-338

Citation

openlaw-14158075_60e3_4588_b1ed_82655e6d2ad9.pdf
Court

High Court

Indemnity costs were awarded because the plaintiffs continued a time-barred and frivolous claim despite clear pre-litigation notice and post-issue settlement offers; costs reasonably incurred were properly apportioned between the plaintiffs until the second plaintiff discontinued, and the circumstances met r 14.6(4)(a) justification for indemnity costs.
18 Jun 2009

PUBLIC TRUST V RELPH HC AK CIV 2008-404-1922

Citation

openlaw-b4b24bb5_e694_413f_b988_758d37114db9.pdf
Court

High Court

The Court approved the claimants' retention of nominated heritage items and adjusted cash distributions accordingly; ordered that relationship property litigation costs be treated as a first charge on the estate and fixed a contribution toward litigation costs equal to 50% of 2B costs ($5,200) plus reasonable disbursements, declined to award increased costs based on the late without prejudice offers, directed that a copy of family computer files be provided to Priscilla, and required the Public Trust to apportion solicitors' fees between estate administration/relationship property matters and…

New Zealand Case Law

JENHASH CONTRACTING & CONSULTANTS LTD v ECO-SMART HOMES NORTHWEST LTD [2023] NZHC 1580

ROBBIES BAR AND BISTRO LTD v ROBBIES BAR AND BISTRO FRANCHISING LTD (in liq) [2020] NZHC 3484

BALLANTYNE TRUSTEES LTD v HFK LTD [2020] NZHC 2301

SZEKELY v MUSE ON ALLEN LIMITED [2017] NZHC 1468

BARBALICH v LEADERS REAL ESTATE (1987) LIMITED [2015] NZHC 593

LITT V LITT HC HAM CIV-2011-419-338

PUBLIC TRUST V RELPH HC AK CIV 2008-404-1922