19 Dec 2023
Respondents are entitled to recover costs in accordance with the schedule in paragraph 5 of their memorandum dated 18 December 2023, but the claimed costs for the case management conferences on 26 October and 6 December 2023 may not be claimed in CIV-2023-463-11.
20 Oct 2022
The Court held the claimed costs were reasonable and proportionate given the complexity, factual history and issues raised on appeal (including novel arguments from the appellant), found the specific time entries justified, rejected the appellant's motivation-based reduction argument because the appellant initiated an appeal that was an abuse of process, and fixed indemnity costs at the full claimed amount of $35,276 while making no order for costs of the costs-fixing application.
27 Jul 2022
The Court held the proceeding was complex and should be classified as category 3C for costs (with the security for costs application treated as 3B); separate representation for the first to third defendants and the fourth to thirteenth defendants was appropriate resulting in separate costs awards; an uplift was warranted because of the volume and complexity of the material filed and the need for immediate assessment by defendants, and the uplift was fixed at 50%, resulting in a costs award of $61,442 plus a $200 filing fee to be paid by the plaintiff.
24 May 2022
Ms Li was entitled to indemnity costs and had provided detailed, modest time records and disbursements totalling $1,430; Ms Fan did not challenge the reasonableness of that sum and her argument about a subsisting claim was rejected, therefore the court fixed indemnity costs of $1,380 and disbursements of $50 (total $1,430).
22 Jun 2021
The recall application was dismissed because the applicant's complaints amounted to substantive challenges to the correctness of the judgment which are not proper grounds for recall and should be pursued on appeal; the respondent was the successful party and is entitled to the claimed costs and disbursements which are appropriately calculated under the High Court Rules and not restricted by the TTMRA.
22 Apr 2021
Because there was no basis for the Registrar to know of the tendered payment, the filing of the bankruptcy notice was proper; costs as claimed in the notice were fixed at $668 which the judgment debtor paid; co-location of solicitors did not demonstrate lack of independence; no costs awarded for steps after issue of the bankruptcy notice.
5 Oct 2018
Costs of the interlocutory applications are fixed at $23,826.73 for each of the fourth and fifth third parties but, because the defendant has promptly sought review and a hearing is allocated, that pending review constitutes a special reason to defer payment; applications for increased costs and additional costs for costs submissions are refused.
23 Aug 2017
The Court applied r 14.8 and held that Serco did not establish special reasons to depart from immediate fixation and payment of costs; impecuniosity and the prospect of offset at trial do not constitute special reasons and would amount to an indirect form of security for costs which had already been refused; accordingly costs of $12,934 and reduced disbursements of $308.99 were fixed in favour of Mr Littleton and are payable forthwith.
5 May 2017
Costs were awarded to the defendants for the interlocutory strike out application because the usual rule that the unsuccessful party pays applied; the novelty of the legal point did not constitute a special reason to decline to fix costs and the plaintiffs failed on fundamental issues about meaning and reasonable grounds for belief.
30 Sept 2016
Court found Southern Response had internally assessed the claim as over the EQC cap but externally adopted EQC's under‑cap position and failed to inform the plaintiffs or take steps to correct EQC; that conduct was sufficiently unreasonable to justify displacing the usual rule that costs lie where they fall. Applying a mitigation for negotiated settlement, Court awarded 25% of reasonable scale costs and disbursements against Southern Response and awarded costs of the costs application to plaintiffs.