New Zealand Case Law: Decisions & Judgments

Topic

Without prejudice save as to costs

Legal area

Court

20 Dec 2019

Ngae v Koh [2019] NZHC 3489

Citation

[2019] NZHC 3489
Court

High Court

Costs were ordered to lie where they fall because the appellants achieved only partial and modified success (resulting trust limited to parental contributions), had pursued a misconceived claim that the entire Property was held on trust and abandoned that position, produced mixed results on other property issues, and the respondent's rejection of settlement offers was not shown to be unreasonable at the time given uncertainty about property value.
7 Sept 2015

JATCO HOLDINGS LIMITED v NELSON CITY COUNCIL [2015] NZHC 2158

Citation

[2015] NZHC 2158
Court

High Court

Plaintiff is awarded costs on a Schedule 2B basis in accordance with its schedule for all claimed steps except trial preparation, limited by the date of the defendant's 2 June 2015 settlement letter; specific disbursements (filing fees, setting down fee, and specified expert fees) are recoverable; hearing fee to be refunded; access to costs submissions and supporting documentation including the settlement agreement is prohibited without leave to preserve confidentiality.
16 Jul 2010

MCEWAN (2003) LIMITED V SHARP TUDHOPE HC TAU CIV 2007-470-654

Citation

openlaw-b7d92a13_0965_4094_b4eb_b98f8de4b4a4.pdf
Court

High Court

The Calderbank letter did not exceed the amount of the judgment, was not explicit about pre-offer costs, and was intended as an all-or-nothing settlement to be litigated if not accepted; accordingly the offer was not a factor that reduced the solicitors' costs liability and the original costs order in favour of McEwan on a 2B basis with reasonable disbursements stands.
7 Dec 2009

LEVIN V IKIUA AND ORS HC AK CIV 2007-404-6810

Citation

openlaw-76604c6b_63e2_44b7_b153_c207cf470e99.pdf
Court

High Court

Although the liquidators failed to investigate crucial evidence from former employee Sio in a timely and adequate manner, the defendants (Ikiua and Apa) were not culpable for pleading failures and had brought the litigation upon themselves by earlier failures in the statutory demand proceeding; on balance the liquidators were entitled to costs but reduced to reflect their investigatory failures — award set at 75% of a 2B scale plus reasonable disbursements (total $76,029.30) and second counsel certified.

New Zealand Case Law

Ngae v Koh [2019] NZHC 3489

JATCO HOLDINGS LIMITED v NELSON CITY COUNCIL [2015] NZHC 2158

MCEWAN (2003) LIMITED V SHARP TUDHOPE HC TAU CIV 2007-470-654

LEVIN V IKIUA AND ORS HC AK CIV 2007-404-6810