6 Mar 2020
The Court could not confidently predict the likely outcome on the papers because the caveator had a legitimate arguable interest and the residual discretion to remove the caveat was finely balanced; therefore costs should lie where they fall.
6 Nov 2017
The presumption in r 15.23 applies and, absent justification, applicants must pay the second respondent's costs; pre-commencement costs and the claimed planning consultant disbursement are not recoverable; given limited post-commencement work an award of one-third of the scale costs for a statement of defence ($1,487) is appropriate; increased costs are not awarded.
7 Apr 2017
Because the applicant discontinued the judicial review, Rule 15.23 applies and the applicant must pay the defendant's costs; the applicant's bankruptcy does not prevent such an award; the quantified and particularised claim of $19,848 was reasonable and is ordered payable by the applicant.
18 Aug 2014
Given the existence of related proceedings (a later injunction) and an agreed referral of substantive issues to arbitration, and the insufficiency of evidence to fix indemnity costs, the appropriate course was to reserve costs in this proceeding with leave to either party to bring the matter back to court if costs are not resolved in arbitration or by review under the Lawyers & Conveyancers Act 2006.