New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Costs liability for discontinued/interlocutory applications
  • 12 Feb 2019

    WOOLLEY v MARLBOROUGH DISTRICT COUNCIL [2019] NZHC 136

    Citation
    [2019] NZHC 136
    Court
    High Court

    The presumption under r15.23 (applied by analogy) that a plaintiff who discontinues must pay costs to the defendant was not displaced because the merits were not so plainly in Koha's favour; only one case management conference attendance was recoverable and interlocutory affidavit preparation was not separately recoverable, resulting in an award of costs and disbursements to the applicant of $2,117 payable by Koha Trust Holdings Ltd.

    • Judicial review
    • Joinder
    • Costs liability for discontinued/interlocutory applications
    • Water permit transfer
    • Standing
    • Lapse of resource consent