New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Costs of adjudication

Legal area

Court

20 May 2020

ALASKA CONSTRUCTION + INTERIORS AUCKLAND LIMITED v LAHATTE & ANOR [2020] NZHC 1056

Citation

[2020] NZHC 1056
Court

High Court

The adjudicator lawfully determined the claim based on the statutory consequence of Alaska's failure to provide a payment schedule to the December payment claim; the adjudicator was not required to resolve the wider underlying contractual allocation disputes to give effect to s 48, there was no breach of natural justice or unreasonable exercise of power, and the costs award was not shown on judicial review to be flawed; accordingly the judicial review application is dismissed.
30 Mar 2011

CONCRETE STRUCTURES (NZ) LTD V INFRAMAX CONSTRUCTION LTD HC HAM CIV 2010-419-385

Citation

openlaw-72d37b41_d833_4974_a8e9_11e9a2d35f4c.pdf
Court

High Court

The court held that costs of adjudication cannot be recovered by the plaintiff via s 23 court recovery; the Construction Contracts Act 2002 allocates adjudication costs to the adjudicator under s 56 and the court would usurp that jurisdiction if it ordered adjudication costs. Accordingly the plaintiff's recoverable costs were confined to actual and reasonable costs of the court proceeding, fixed at $8,188.38.