New Zealand Case Law: Decisions & Judgments

Topic

Caveat discharge

Legal area

Court

8 Apr 2019

LI v 110 FORMOSA (NZ) LIMITED [2019] NZCA 98

Citation

[2019] NZCA 98
Court

Court of Appeal

The Court granted a stay of van Bohemen J's judgment because the caveat was registered by consent to remain pending determination of the main proceeding and, as a matter of law, the proceeding is not finally determined until appeal rights are exhausted (Sutcliffe); on the balance of convenience the appellant's appeal was arguable and a stay was necessary to preserve rights pending an expedited appeal timetable.
19 Oct 2018

DAHANAYAKE v BENAJMIN HOUSING (NZ) LIMITED & ANOR [2018] NZHC 2711

Citation

[2018] NZHC 2711
Court

High Court

Defendants were entitled to an award of costs but not the full amount sought; applying HCR 14.7 and bearing in mind parties' conduct and partial success, costs were reduced by 50%, resulting in costs of $10,592.50 to be paid by the plaintiff together with $250.00 disbursements; non‑statutory claims are excluded from costs recovery.
12 Nov 2013

TAVENDALE v HARGREAVES [2013] NZHC 2990

Citation

[2013] NZHC 2990
Court

High Court

Applicants entitled to costs. Indemnity costs for applicants were not justified because conduct fell short of flagrant misconduct; however respondent pursued unnecessary steps and arguments lacking merit and ignored directions, justifying increased costs: award applicants 2B scale plus 50% uplift; amicus and supporting party awarded indemnity costs. Estate to contribute $10,000; remaining amounts to be paid by respondent personally and deducted from her residuary share.
2 Mar 2007

WOODD V RAM AND ANOR HC AK CIV.2006-404-5742

Citation

openlaw-a966a90d_8e0c_4991_b53c_a3278e175b7f.pdf
Court

High Court

The court granted the second defendant summary judgment / the claim against her was discontinued and she was entitled to costs; the appropriate costs scale was an averaged daily rate of $1,000 (midpoint between District Court category 1 and 2 allowances) and 4.5 days was reasonable given the steps taken, producing an award of $4,500 plus disbursements; court fees paid by her are to be reimbursed and the caveat registered by the plaintiff is to be discharged by consent.

New Zealand Case Law

LI v 110 FORMOSA (NZ) LIMITED [2019] NZCA 98

DAHANAYAKE v BENAJMIN HOUSING (NZ) LIMITED & ANOR [2018] NZHC 2711

TAVENDALE v HARGREAVES [2013] NZHC 2990

WOODD V RAM AND ANOR HC AK CIV.2006-404-5742