New Zealand Case Law: Decisions & Judgments

Topic

Affidavit preparation

Legal area

Court

11 Dec 2018

ALPINE SOUTH FISHING LIMITED (in Receivership) v CHOI [2018] NZHC 3253

Citation

[2018] NZHC 3253
Court

High Court

Items 22/23 of Schedule 2, which govern interlocutory applications, include the preparation of affidavits in support of and in opposition to interlocutory applications so item 30 (trial preparation) does not apply; the Court cannot use the general discretion in r14.1 to award a separate allocation under item 30 where the specific rules contemplate the step; however, because of the complexity and volume of affidavit material the first defendant demonstrated that band B was insufficient and was entitled to band C for item 23 (2 days at $2,230), translator fees supported as disbursement, and cos…
18 May 2018

UNIVERSAL EDUCATION GROUP LIMITED T/A NEW ZEALAND NATIONAL COLLEGE 2008 v NEW ZEALAND QUALIFICATIONS AUTHORITY [2018] NZHC 1128

Citation

[2018] NZHC 1128
Court

High Court

The Court held the proceeding did not engage the public interest exception because it concerned UEG's private interest in its registration; therefore NZQA was entitled to costs but with reductions: discovery allowance set at one day, affidavit preparation at 1.5 days, and certification for second counsel denied; total award to NZQA $28,025.90.
31 May 2016

LINGUIS INTERNATIONAL INSTITUTE OF LANGUAGE AND CULTURE LIMITED v THE NEW ZEALAND QUALIFICATIONS AUTHORITY [2016] NZHC 1148

Citation

[2016] NZHC 1148
Court

High Court

Because Linguis succeeded only on one pleaded ground while failing on most issues at trial and the parties' affidavits focused largely on matters the plaintiff did not establish, the court awarded Linguis category 2B costs for commencing the proceeding and bundle preparation, required Linguis to meet 70% of the Authority's affidavit preparation costs assessed at category 2C, and required Linguis to pay 70% of the Authority's hearing and appearance costs assessed at category 2B; Linguis was awarded disbursements of $1,680.00.

New Zealand Case Law

ALPINE SOUTH FISHING LIMITED (in Receivership) v CHOI [2018] NZHC 3253

UNIVERSAL EDUCATION GROUP LIMITED T/A NEW ZEALAND NATIONAL COLLEGE 2008 v NEW ZEALAND QUALIFICATIONS AUTHORITY [2018] NZHC 1128

LINGUIS INTERNATIONAL INSTITUTE OF LANGUAGE AND CULTURE LIMITED v THE NEW ZEALAND QUALIFICATIONS AUTHORITY [2016] NZHC 1148