New Zealand Case Law: Decisions & Judgments

Topic

Allocation of costs

Legal area

Court

8 Dec 2021

GRISHIN v BOWIE [2021] NZHC 3348

Citation

[2021] NZHC 3348
Court

High Court

Applicant satisfied the Court that proper grounds exist for a forensic inspection to implement the prior wide pre-commencement discovery orders (including identifying other persons involved in publication); appointment of a reputable New Zealand independent expert is appropriate; privilege can be protected by allowing redaction; accordingly the inspection orders sought were necessary and should be granted and costs awarded to the applicant on a category 2B basis.
6 Dec 2021

VINCENT FAMILY CORPORATE TRUST LIMITED as trustee of the ET and P VINCENT TRUSTS [2021] NZHC 3313

Citation

[2021] NZHC 3313
Court

High Court

Costs of the Beddoe application are to be determined now. The Trustee acted reasonably in seeking a Beddoe order as to the first cause of action so 60% of the claimed scale costs ($14,124.90 excl GST) plus disbursements of $5,200.00 are to be paid from Trust funds. The Trustee did not act reasonably in seeking indemnity for the second cause of action (challenge to validity of appointment and related declarations/counterclaim) and those costs are not indemnified. Ms Vincent acted reasonably opposing the Beddoe application and her claimed costs of $20,503.71 (GST inclusive) are to be met from T…
1 Nov 2021

BODY CORPORATE 146499 v MG PARTNERSHIP LIMITED & ORS [2021] NZHC 2938

Citation

[2021] NZHC 2938
Court

High Court

The Court was satisfied the water ingress damage was substantial, the proposed scheme was sufficiently detailed and broadly supported, retrospective validation was acceptable, a single contract was desirable for efficiency, and the proposed cost allocation was fair; accordingly the Court ordered the scheme settled in terms of the originating application paragraphs 1.1 to 1.4.
30 Aug 2021

FLAVELL v CHOTE [2021] NZHC 2262

Citation

[2021] NZHC 2262
Court

High Court

Executor may lodge and sustain a corrected s42 notice to protect a reasonably arguable relationship property claim; deviations in e-dealing format that do not omit required information do not invalidate a notice; property taken by survivorship remains available for division as relationship property; the correct forum for the statutory claim is the Family Court; the common law unjust enrichment claim is displaced and is struck out.
8 Jun 2021

MCCALLUM JNR v MCCALLUM & ORS AS TRUSTEES OF THE MCCALLUM FAMILY TRUST [2021] NZCA 237

Citation

(2021) 32 FRNZ 851
Court

Court of Appeal

The Court held Beddoe orders should not be abolished. The High Court did not breach natural justice by considering privileged independent counsel advice in the Beddoe hearing. Beddoe orders must be assessed by what is in the best interests of the trust, on a cause-of-action and capacity-by-capacity basis. Applying that, limited Beddoe indemnities are justified for (i) the second cause of action (novel parental fiduciary duty claim) and (ii) limited assistance/submissions on the third and eighth causes, but not justified for (iii) the fourth cause (personal claims of knowing receipt relating t…
31 Mar 2021

HAVEN INSURANCE LIMITED v HEINRICH LOMBARD [2021] NZHC 255

Citation

[2021] NZHC 255
Court

High Court

Plaintiff is entitled to costs and disbursements but scale costs were reduced by 15% to reflect limited success on quantum; expert fees for redundant work were reduced by 50%; costs were allocated 80% to Mr Brown, 15% to Mr Miller and JMC (jointly and severally), and 5% to Mr Carr; Mr Brown's 80% share of the scale costs was increased by 50% due to his non-compliance and false affidavits, while indemnity costs were not awarded except that increased costs were appropriate for Brown on the relevant steps.
4 Jun 2020

MILLS v PML TRUSTEES LIMITED [2020] NZHC 1219

Citation

[2020] NZHC 1219
Court

High Court

Because the current trustee wished to retire and replacement without conditions risked ongoing conflict and depletion of trust assets, the Court permitted the defendant to retire with indemnity (except for deliberate wrongdoing), appointed Trafalgar Trustee Corporation Limited subject to conditions including an inquiry by Mr Langford into a $5,000 payment, ordered sale and winding up of the trust with equal distribution to beneficiaries subject to any adjustment, and allocated costs with specified contributions from the trust and balances payable by the plaintiff.
19 Jul 2019

WARE v REID [2019] NZHC 1706

Citation

[2019] NZHC 1706
Court

High Court

Indemnity costs were declined. The Court exercised its discretion to apportion liability between the two plaintiffs rather than order joint and several liability. Each plaintiff is liable for 50% of the defendants' and beneficiaries' costs and disbursements up to 1 February 2019 on a scale 2B basis; Helen alone is liable for all defendants' and beneficiaries' costs and disbursements after 1 February 2019, with a 50% uplift on the costs for preparing for and attending the hearing awarded against Helen; defendants' claimed uplift to 2C was declined though 2B and disbursements were allowed; expe…
12 Oct 2018

NICON LIMITED v TOWER INSURANCE LIMITED [2018] NZHC 2655

Citation

[2018] NZHC 2655
Court

High Court

The Court held that the first document (HOA) was a binding agreement and that its terms required Stream to offer Nicon the chance to participate in competitive tendering as the preferred contractor; Stonewood acted as agent of Tower/Stream; the alleged fee quote agreement was not established; overall the parties had commensurate success and therefore costs lie where they fall.
17 Jul 2018

BODY CORPORATE S73368 v OTWAY [2018] NZHC 1761

Citation

[2018] NZHC 1761
Court

High Court

Second counsel costs were denied because the proceeding and the manner it was conducted did not exhibit the unusual complexity or in‑trial demands required to certify second counsel: the case lasted five days, evidence and arguments were known in advance, and defendants did not demonstrate substantial in‑trial work by second counsel.