New Zealand Case Law: Decisions & Judgments

Topic

Categorisation of proceedings

Legal area

Court

22 Mar 2023

BEVERLEY v DRYLANDCARBON GP ONE LTD [2023] NZHC 586

Citation

[2023] NZHC 586
Court

High Court

The Court determined the leave application was of above-average complexity requiring category 3 costs. Time allocations were mixed between bands B and C as appropriate; a requested 50% uplift for affidavit preparation was denied because the opposing party's evidence was not unreasonably or unnecessarily filed. Second counsel was certified as necessary. Expert witness fees were allowed as disbursements after review of invoices and relevance to issues raised by the respondents. Costs of $48,449.25 and disbursements of $25,824.57 were awarded against the fourth and fifth respondents.
2 May 2019

COGLE v IAG NEW ZEALAND LTD [2019] NZHC 958 .

Citation

[2019] NZHC 958
Court

High Court

Costs were awarded to the defendant in accordance with its schedule of 18 April 2019 subject to disallowance of an allowance for second counsel and disallowance of the second memorandum of 31 October 2018, with a 25% uplift applied to steps after 13 February 2019; the agreed Category 3 banding applies because the plaintiffs did not show special reasons to depart, and costs are payable when fixed under r 14.8(1)(b).
26 Jun 2014

ANZ BANK NEW ZEALAND v BLUM [2014] NZHC 1456

Citation

[2014] NZHC 1456
Court

High Court

The court awarded 3B scale costs plus disbursements to the plaintiff because the proceeding had been categorised as category 3 by Brown J in accordance with the parties' joint memorandum, a normal amount of time was considered reasonable for recoverable steps, and the defendants did not respond.
20 May 2014

SHELL (PETROLEUM MINING) CO LTD v VECTOR GAS CONTRACTS LTD [2014] NZHC 1072

Citation

[2014] NZHC 1072
Court

High Court

Vector was entitled to costs of $61,616.00: the court declined blanket Band C for all steps, allowed Band C for preparation of the written submissions (large amount of time reasonably required), allowed Band B for memoranda, appearances and commencement of responses, permitted two sets of submissions because there were two separate substantive appeals, and allowed Band B for the costs appeal; disbursements totalling $2,676.00 were allowed.
3 Sept 2010

JONES V LEE HC WN CIV-2007-485-001510

Citation

openlaw-4bdeabcd_9e28_4d5f_a055_8b78f7de33a8.pdf
Court

High Court

The court declined to award indemnity or increased costs because the legal issues (notably honest opinion and qualified privilege) were complex, the judge had initially rejected and later reconsidered the availability of honest opinion after full argument, and there was insufficient basis to conclude the defendant knew or ought to have known the case was hopeless. The court categorised proceedings as 3B and awarded scale costs to the plaintiff in the sum ordered, subject to adjustments for interlocutory matters and Registrar‑fixed disbursements.
19 Oct 2009

BODY CORPORATE 185960 AND ANOR V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV-2006-004-003535

Citation

openlaw-398a88e4_c88b_4c78_ae05_c961d98e3ef4.pdf
Court

High Court

The Court categorised the proceeding as 3B, allowed an uplift from band B to band C for trial preparation and hearing to reflect delays and complexity, but declined to award increased or indemnity costs under r14.6 because the third defendant's opposing contractual interpretation was arguable and the delays did not warrant a separate increased costs order; awarded costs of $332,688 and disbursements of $90,162.01 to the plaintiffs.
4 Sept 2009

CABLETALK LIMITED V TECHNOLOGY JUNCTION LIMITED AND ORS HC AK CIV-2005-404-000789

Citation

openlaw-74090d77_01d9_4c17_a977_b81229a88273.pdf
Court

High Court

The interpleader application was sufficiently substantive to be categorised and treated as a 'statement of claim type' proceeding for costs; standard category 2B scale applied yielding $14,720; uplift to band C for preparation and indemnity costs were declined because the respondent's conduct did not meet the threshold of exceptional circumstances required for increased or indemnity costs.
13 Aug 2009

POUWHARE AND ORS V KRUGER AND ORS HC WN CIV-2009-485-976

Citation

openlaw-954964ff_2329_4ba2_bdea_6586c05edf18.pdf
Court

High Court

The court held that the proceedings are category 2 for costs purposes, that public interest and trust/fiduciary considerations did not justify departing from the ordinary rule that costs follow the event, and that there was no party conduct sufficient to alter that rule; accordingly costs were awarded to the first and second defendants jointly and to the third defendant on a 2B basis, assessed at 12.15 days, totaling $19,440.
27 May 2008

PORTACOM NEW ZEALAND LIMITED V PORT A ROOM LIMITED AND ANOR HC AK CIV 2007-404-002536

Citation

openlaw-18ebb03c_5c10_4984_a735_15e1acbd7b0a.pdf
Court

High Court

Applying r476C presumption and the costs regime of rr46–53 the Court classified the proceeding as Category 2, applied Band B allowances under Schedule 3, refused increased costs under r48C, declined to reallocate agreed interim injunction costs, and awarded defendants $8,960 for steps up to discontinuance plus disbursements to be fixed by the Registrar, in addition to the pre-existing $4,960 interim injunction agreement.
28 Nov 2007

PAPER RECLAIM LTD V AOTEAROA INTERNATIONAL LTD CA CA70/04

Citation

openlaw-8c1184ab_93ce_449e_bdfc_69e09c86ce32.pdf
Court

Court of Appeal

Appellant must pay respondent costs for the High Court proceeding assessed on category 2 rates with pre-trial steps (other than discovery and inspection) at band B, discovery and inspection at band C, trial allowance assessed as for a ten day trial and trial preparation assessed on a 20 day basis; specified disbursements allowed (filing fees $2,655; travel $38.24; photocopying $8,289; fax/tolls/courier/internet $2,000; 70% of hearing fees paid by respondent); non-party discovery costs disallowed; expert Appleby fees deferred to quantum hearing; interest on the total payable at 7.5% p.a. from…