16 Dec 2022
The plaintiffs' application for leave to apply for an order that the first defendant provide security for costs is declined, and the first defendant is entitled to costs; the appropriate starting point for assessment of those costs is the 2B scale, subject to the parties' agreement or memoranda to the court.
5 Apr 2022
Given the facts, including the evasive responses from the respondent's advisers and the applicant's legitimate concern about dissipation of estate assets, the Court exercised discretion to grant costs to the applicant for commencement of the proceedings; costs are to be awarded on a 2B basis but assessed on the District Court scales rather than the High Court scales.
10 Feb 2022
The plaintiffs, as the successful parties in the interlocutory proceeding, were entitled to costs assessed on a 2B basis; criticisms of a single plaintiff's earlier ex parte application did not justify denying costs to all plaintiffs, and the plaintiffs' calculated total of $21,068.50 was accepted.
16 Dec 2021
Because the plaintiff repeatedly failed to comply with specific Court directions to either discontinue or file the necessary documents to prosecute his claim and failed to appear, it was appropriate to discharge the interim injunction and strike out the proceeding under High Court Rules r7.48; solicitors were granted leave to withdraw and costs were awarded to the defendant on a 2B basis.
3 Aug 2021
The Court accepted the defendants' evidence that the hearing lasted three hours and 20 minutes, found the breadth and consequences of the orders and evidential issues justified the allowance for second counsel, and therefore awarded the defendants the claimed costs and disbursements in full.
4 Mar 2021
Ella Young, as the successful party, was entitled to costs against Jina Kim. Costs in the Property Law Act proceeding were assessed on the 2B scale with specific disallowances and arithmetic corrections, resulting in $40,027.00; costs for the Family Court phase were awarded at the claimed legal aid repayment of $5,516.00. Costs-on-costs claims were denied and the respondent's impecuniosity did not justify any abatement. Total award $45,543.00.
8 Apr 2016
The Court exercised its discretion on costs having regard to the interlocutory stay, the ultimate failure of the defendant's judicial review, the plaintiff's partial public/test-case character in pursuing the litigation, and the equities between the parties; it awarded the plaintiff costs assessed at 50% of a 2B award (reflected in fixed sums) and dismissed the plaintiff's liquidation claim and rescinded the interlocutory orders.
16 Oct 2015
The liquidators gave adequate written notice to Mr Pope (inferred from his emails), the s 266 application was necessary to secure his compliance and was reasonably necessary given his former director status, therefore liquidators are entitled to costs against Mr Pope on a 2B basis reduced to interlocutory levels; by contrast there is insufficient evidence that Ms Greenfield received prior notices or that her interview was justified, so no costs or expenses awarded against her.
26 Mar 2015
Applicants awarded costs on a 2B basis with specific Schedule 3 items applied and reduced where appropriate (item 14 reduced to 0.25 days; item 33 calculated as 2.5 days; item 42 calculated as 1.25 days); uplift denied because Calderbank offers were bundled with land purchase and the court could not quantify that the offers were more favourable than the litigation outcome; Ford Baker valuation fee disallowed as a disbursement recoverable from respondents and directed to be borne by the first respondent; expert travel disbursement allowed as specific and reasonably necessary.
20 Feb 2014
Leave to appeal out of time was refused because the applicant's explanation for the delay was spurious and unjustified, the proposed grounds of appeal had no real prospect of success (no evidence of bias and no arguable Bill of Rights claim), and the respondent suffered prejudice from delay; consequently extension was not in the interests of justice and the stay of the bankruptcy proceedings was lifted.