New Zealand Case Law: Decisions & Judgments

Topic

Conditional fee agreements

Legal area

Court

5 Dec 2023

BASHAM v ABDOLLAHI [2023] NZHC 3517

Citation

[2023] NZHC 3517
Court

High Court

Respondents were not awarded costs or the claimed disbursements because the claimed photocopying and phone/internet expenses were not verified as required by r 14.12, and it was inappropriate to award costs for a costs memorandum when respondents were self-represented in the substantive appeal and had not incurred or been charged for substantial legal costs; the sealing fee would only be payable if a costs order were otherwise made; the public interest ground did not justify denying costs to the appellant.
21 Nov 2023

MORRISON v FINANCIAL MARKETS AUTHORITY [2023] NZHC 3307

Citation

[2023] NZHC 3307
Court

High Court

The Court declined to award indemnity or increased costs to the plaintiffs; applied ordinary costs principles to mixed-success outcome: FMA, as successful defendant on the sole cause of action against it, was entitled to 2B scale costs and disbursements; the Attorney-General was ordered to pay plaintiffs 50% of their claimed 2B costs for the successful NZBORA cause (reduced by $5,000 to reflect partial failure), amended pleading costs disallowed, FMA discovery costs allowed at 2C, and no costs for second counsel were awarded. Sanderson and Bullock orders were inappropriate because the plainti…
10 Oct 2018

STUART WALTON HERRON v WAYNE ANDREW WALLACE [2018] NZHC 2638

Citation

[2018] NZHC 2638
Court

High Court

Contractual indemnity costs awarded under clause 12 remain available to the plaintiff despite partial success on appeal, but the indemnity award fixed by Faire J is reduced on a robust assessment by 30% to reflect materially lower judgment and the changed scope of necessary work; consequential orders fix substantive indemnity costs at $235,000 (inclusive of GST), award interlocutory costs of $17,577 and $50,000, and interest at 5% from 1 December 2016 on the $235,000.
6 Jun 2018

MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZCA 184

Citation

[2018] NZCA 184
Court

Court of Appeal

The Court held the appellant had a duty to advise the client of litigation risk and likely disproportionate costs; the conditional fee argument was not established; the Standards Committee's unexplained reduction to $10,000 required reconsideration in light of whether reinstatement was the client's overriding motive; the application to adduce further evidence on appeal was refused and the appeal was dismissed.

New Zealand Case Law

BASHAM v ABDOLLAHI [2023] NZHC 3517

MORRISON v FINANCIAL MARKETS AUTHORITY [2023] NZHC 3307

STUART WALTON HERRON v WAYNE ANDREW WALLACE [2018] NZHC 2638

MCGUIRE v NEW ZEALAND LAW SOCIETY [2018] NZCA 184