16 Aug 2011
The court exercised its discretion and ordered that each party bear its own costs (costs lie where they fall), on the basis that the applicant was only partially successful and his conduct had needlessly increased the respondents' work; costs arising from the rehearing of charge 1 are to be considered separately.
21 Apr 2011
The judge exercised the court's broad discretion under the Act and District Courts Rules to award costs because the appellant's conduct — persistent raising of irrelevant issues, excessive documentation, evasive and non-credible evidence and unreasonable prolongation of the hearing — made much of ACC's costs avoidable; ACC conducted the appeal fairly; a modest contribution of $7,500 was appropriate and proportionate despite ACC's higher actual costs.
25 Mar 2010
The Court awarded indemnity costs to the defendants from August 2006 (the date the defendants cancelled the Heads of Agreement) because the plaintiff's deliberate failure to implement the mediated settlement and his obstructive conduct thereafter rendered continuation of the litigation unreasonable; for attendances prior to August 2006 the proceedings are categorised as category 3, band C, and the Court fixed a global costs award of $300,000 plus recoverable disbursements, producing a judgment for costs and disbursements totalling $401,958.19, with witnesses' expenses to be fixed by the Regis…