New Zealand Case Law: Decisions & Judgments

Topic

Cost assessment

Legal area

Court

2 Dec 2016

Herron v Wallace [2016] NZHC 2905

Citation

[2016] NZHC 2905
Court

High Court

Costs applications for the recall and stay were adjourned pending further order because the court could not properly assess the reasonableness and attribution of the claimed solicitor-client costs on the material provided, an appeal potentially affecting costs remains outstanding, and the trial judge's imminent retirement made it appropriate to defer determination until the appeal's resolution or other changed circumstances.
4 Jul 2016

CHALLENGE ENTERPRISES LIMITED v NEW ZEALAND POLICE & ORS [2016] NZHC 1501

Citation

[2016] NZHC 1501
Court

High Court

Because the Trust's involvement in preparation of the three contested memoranda was limited, the court declined to award full costs for those items and substituted a fixed amount of $1000 for them, while awarding the other uncontested costs, resulting in a total costs award of $26,304.50 against the appellant.
7 Nov 2012

THE HONG KONG AND SHANGHAI BANKING CORPORATION LIMITED V HOWE HC AK CIV-2012-404-0419

Citation

openlaw-f589e320_066a_4b67_b386_f82f432d3a30.pdf
Court

High Court

Contractual entitlement to indemnity costs upheld in principle but limited by reasonableness; in this case the court fixed solicitor/client costs at $20,000 as a proportionate and reasonable award relative to the amount at stake and recovered.
28 Jul 2010

EXTREME COMMUNICATIONS LIMITED V OSL SYSTEMS LIMITED HC WN CIV-2010-485-627

Citation

openlaw-6b88ec09_f772_4789_9911_4a6615b597a5.pdf
Court

High Court

Summary judgment was granted for the admitted undisputed sum of $140,138.40 because the defendant's affidavit admitted that amount and it was readily ascertainable; interest was awarded under s87 Judicature Act 1908 at 8.4% from 21 November 2008 to 26 July 2010 totaling $19,769.88; the remaining disputed amount ($131,463.55) was transferred to the District Court under s46 District Courts Act 1947; indemnity costs were declined but increased costs (50% uplift on 2B scale from 4 June 2010) and disbursements were ordered.
4 Jun 2008

ROGER JOHN PAYNE V THE NEW ZEALAND NATIONAL PARTY HC TIM CIV 2008-476-000125

Citation

openlaw-92ba0e0b_3a61_48e9_a33e_29ef4eac1fd0.pdf
Court

High Court

Costs awarded to the respondent were justified but limited to the final in‑court hearing (items from 11 April 2008); the public interest argument failed because the applicant was motivated by personal selection prospects; the court allowed $7,880 for costs and disbursements as claimed but adjusted to reflect senior counsel only, with the Registrar to fix any revised disbursement calculation if necessary.
1 Feb 2008

L ZHONG AND ANOR V COVINGTON GROUP HOLDINGS LIMITED AND ORS HC AK CIV 2006-404-002691

Citation

openlaw-542f1dfe_eaf4_4864_b49b_ddfc5b1bc3f6.pdf
Court

High Court

Although the judge found that the plaintiffs' preparation of the opposition and affidavits warranted a band C time allocation, the correct course under NZI Bank v Philpott is to reserve costs on an unsuccessful summary judgment application so that incidence and quantum can be determined once the substantive proceeding is concluded; accordingly costs on the summary judgment application are reserved.
17 Jul 2007

VINCENT AND JANE SIEMER V KATHLEEN MARY FARDELL AS EXECUTRIX OF THE ESTATE OF JOHN ROBERT FORTESCUE FARDELL AND ANOR CA CA172/07

Citation

openlaw-ee4bcebd_a70e_4782_b658_a446beb13852.pdf
Court

Court of Appeal

Special leave was declined because the issues raised had been considered in two detailed High Court decisions, the disputed photocopying disbursement had already been disallowed by Williams J, the new allegation that no photocopying occurred was first raised at this stage and would require fresh evidence and cross-examination inappropriate on a second appeal, and there was no arguable question of law warranting this Court's intervention.
10 Oct 2006

CONRAD NELSON STREET TRUSTEE LTD V MEATES HC AK CIV 2006-404-24

Citation

openlaw-8f9da4ce_330c_49bf_b937_70df8a315a4b.pdf
Court

High Court

Under r476C and the rr46-53 regime the defendant was entitled to costs on discontinuance; the Court allowed the defendant allowances under Third Schedule Items 2 and 5.2 read with the Item 5 heading on Band B and Item 4.11 (.3 day) totalling 2.9 days at $1,450/day, awarding $4,205; disbursements reserved to the Registrar under r48H; sealing allowance reserved if needed.