New Zealand Case Law: Decisions & Judgments

Topic

Consent orders

Legal area

Court

13 Dec 2023

BARTLETT v GILLESPIE [2023] NZHC 3691

Citation

[2023] NZHC 3691
Court

High Court

Because the executed Will was produced, the proposed administrator was already in interim administration, all interested parties signed a joint memorandum after mediation consenting to the compromise, and the statutory and procedural basis for consent orders exists (Senior Courts Act s 20(1)(g) and High Court Rules r 27.4), the Court was satisfied it was appropriate to grant Letters of Administration with the Will annexed and to give effect to the agreed settlement and consequential orders.
20 Sept 2023

FEATHER v THE REGISTRAR OF COMPANIES [2023] NZHC 2630

Citation

[2023] NZHC 2630
Court

High Court

By consent the Court ordered Graeme Feather Limited restored to the Companies Register, appointed Iain Andrew Nellies as replacement liquidator effective upon restoration, and approved the liquidator's fees; leave was reserved for consequential orders.
22 Jun 2023

GRAEME DOUGLAS THOMSON v ARTESHAR MAI-RAH LLOYD [2023] NZHC 1548

Citation

[2023] NZHC 1548
Court

High Court

The appeals were allowed by consent and, to avoid further disruption and unnecessary use of judicial resources, the Court vacated the District Court trial scheduled for 4 July 2023, ordered a two day trial to be scheduled for the next available date after 31 October 2023, set the close of pleadings at 60 days prior to trial, directed High Court costs to lie where they fall, reserved costs for any necessary subsequent District Court appearance, and reserved leave to apply for any orders necessary to give effect to the consent orders including a stay of the 4 July fixture.
12 Jun 2023

YANG v CEJ HOLDINGS LIMITED [2023] NZHC 1451

Citation

[2023] NZHC 1451
Court

High Court

The application for indemnity or increased costs was dismissed because the alleged forgery could not be determined on the costs application and the respondents' timetable non-compliance was minor and adequately explained; accordingly the respondents were ordered to pay scale costs on a 2B basis and reasonable disbursements fixed by the Registrar.
12 Jun 2023

COOK v MACDONALD [2023] NZHC 1459

Citation

[2023] NZHC 1459
Court

High Court

Because the applicant succeeded by consent orders she was entitled to costs, but the respondents demonstrated circumstances beyond their control (sudden death, complex and partly overseas records, pandemic impacts) that justified a reduction to 60% of the claimed 2B costs, resulting in an award of $10,752.60.
25 May 2023

PARORE v THE ATTORNEY-GENERAL [2023] NZHC 1241

Citation

[2023] NZHC 1241
Court

High Court

Because the parties filed a joint memorandum agreeing the sums, the court ordered by consent that the defendant pay the plaintiff costs of $40,988.50 and disbursements of $10,864.60.
2 May 2023

JINYUE YOUNG v ZIE ZHANG [2023] NZSC 44

Citation

[2023] NZSC 44
Court

Supreme Court

The applications for leave to appeal and for recall are dismissed because the applicants failed to satisfy the established criteria: the proffered evidence was not demonstrated to be fresh and cogent, the application amounted to re-litigation of merits, no question of public importance or miscarriage of justice was shown, and applicable principles and jurisdictional limits preclude relief.
2 May 2023

HAN v XUE [2023] NZHC 1002

Citation

[2023] NZHC 1002
Court

High Court

Balancing the High Court Rules and case law, the Judge concluded that although plaintiffs largely succeeded, factors including prior reasonable attempts to obtain documents, Dyer Whitechurch's reasonable inability to release documents without client authority, delays caused by substituted service and late filing of oppositions, and the fact the Non-Parties ultimately consented, warranted that costs should lie where they fall.
28 Mar 2023

KITE v KITE and AC & C TRUSTEES LTD [2023] NZHC 652

Citation

[2023] NZHC 652
Court

High Court

Because the defendants filed a consent to judgment and agreed to the plaintiffs' amended costs position, the court entered judgment recording the parties' consent ordering specific performance of the sale, entitlement of the plaintiffs to occupy until settlement, and a costs payment by the first defendant limited to amounts paid by the Legal Services Commissioner not exceeding $8,604.
21 Feb 2023

JOHNS ROAD HORTICULTURAL LIMITED v POWELL [2023] NZHC 255

Citation

[2023] NZHC 255
Court

High Court

Because the parties had reached agreement to remove the easements and asked the court to give effect to that agreement, the court granted the applications and made the orders sought, with costs to lie where they fall.