New Zealand Case Law: Decisions & Judgments

Topic

Contractual indemnity

Legal area

Court

23 Nov 2023

HANSEN TRUST COMPANY LTD v GOODNESS BREADS LTD [2023] NZHC 3353

Citation

[2023] NZHC 3353
Court

High Court

Relief against forfeiture is granted on condition the tenant pays the landlord's actual and reasonable costs incurred enforcing the lease; the court has statutory power to impose such conditions under ss 251 and 256 of the Property Law Act 2007 and the lease contains a contractual right to recover those costs, and the claimed sum of $26,735.10 was found reasonable and therefore ordered to be paid by the tenant by the deadline.
24 Jul 2023

MARYLAND BASSETT CO LTD v TAIHE INNOVATION MANAGEMENT LTD [2023] NZHC 1934

Citation

[2023] NZHC 1934
Court

High Court

Indemnity costs were refused because the contractual scope of the Deed's indemnity over the disputed loan required final determination and sham allegations created sufficient complication; however Taihe was ordered to pay costs on a 2B basis with a 50% uplift because continuing to oppose a set‑aside application despite an authentic Deed unnecessarily increased time and expense (r 14.6(3)(ii),(iii)); leave was reserved to the applicant to seek costs against the receivers because they had not been given adequate notice to respond to a potential non‑party costs order.
23 Jun 2022

NEW ZEALAND BLOODSTOCK FINANCE & LEASING LTD v JONES [2022] NZHC 1477

Citation

[2022] NZHC 1477
Court

High Court

Recusal application refused; the court has jurisdiction to quantify solicitor-client costs under the contractual indemnities and, on objective assessment of scope and reasonableness supported by invoices and time records, the claimed costs were principally recoverable but a duplicated half-day hearing fee of $1,600 was excluded; costs quantified at $106,421.95 (less GST if plaintiff is GST-registered) with interest at 10% p.a., and Registrar directed to seal the judgment accordingly.
25 Mar 2019

PETROLEUM LOGISTICS LTD v BERRY [2019] NZHC 548

Citation

[2019] NZHC 548
Court

High Court

Clause 16.1.0 of the Resellers Agreement, read in context with the prior signed credit account guarantee, unambiguously covers "legal fees" and therefore entitles Petroleum Logistics to indemnity costs including solicitor/client costs incurred in suing to recover unpaid invoices and in the two appeals; Mr Berry (who signed the documents) is liable for those indemnity costs; Mrs Berry's liability is left open for further submissions.
14 Dec 2018

ASB BANK LTD v SGARGETTA [2018] NZHC 3333

Citation

[2018] NZHC 3333
Court

High Court

The Court held ASB was contractually entitled to be indemnified for its actual legal costs reasonably incurred and, having reviewed the affidavits and the defendant's conduct, found the claimed costs of $38,649.46 and disbursements of $160 were reasonable and ordered those amounts to be paid by the defendant; the Court's jurisdiction to fix costs was not affected by the defendant's proposed further application to the Court of Appeal.
7 Dec 2015

WIRE BY DESIGN LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) & ORS v COMMERCIAL FACTORS LIMITED & ORS [2015] NZHC 3084

Citation

[2015] NZHC 3084
Court

High Court

The Tawil parties were bound by the deeds and guarantees to indemnify CFL for costs incurred enforcing the agreement; the indemnity entitles CFL to recover indemnity costs claimed (including $160,248.58 as at 10 June 2015 and further costs incurred thereafter) because the costs are justifiable and not unreasonable; parties must attempt to agree quantum with specified directions for memoranda if they cannot agree.
6 Jan 2011

CONTACT ENERGY LTD V GREAT WESTERN LAND LTD HC AK CIV-2010-404-5808

Citation

openlaw-e7bcd967_8772_4bed_891e_44af8b3fd190.pdf
Court

High Court

Contact was entitled to recover its actual and reasonable costs of the liquidation proceeding because it was initiated to recover unpaid electricity charges after non-compliance with a statutory demand and falls within the contractual right to costs; attendances after the proceeding was dismissed and matters outside the supply agreement are not recoverable.
20 Aug 2010

STALLION PLASTICS LIMITED V SCRAP METAL RECYCLERS (WAIKATO) LIMITED HC TAU CIV-2009-470-863

Citation

openlaw-8be4cc7d_bba4_438f_ab23_782da75ab245.pdf
Court

High Court

The summary judgment application was dismissed because the defendant raised arguable defences based on alleged misrepresentations and factual conflicts that could not be properly resolved on summary judgment; the entire agreement clause was not a conclusive answer and clause 10.3 did not entitle the defendant to solicitor and client costs; costs on the application are reserved.
27 Nov 2007

OMAHA BEACH RESIDENTS SOCIETY INC V OCEAN MANAGEMENT LTDITED AND ANOR HC AK CIV-2007-404-2539

Citation

openlaw-e0fb7a21_f53a_466d_8426_db8984a19bdb.pdf
Court

High Court

The Bond did not create a separate contractual obligation on Ocean Management to pay indemnity/solicitor-client costs and therefore the defendants (and guarantors) were not contractually liable for such costs; having found for the Society on the central issue and given the surrounding conduct was not sufficiently prejudicial to justify departure from normal practice, costs follow the event and are awarded to the Society on a Category 2B basis.