3 Oct 2022
Because the appellant failed to pay ordered security and did not oppose the respondent's costs application within the time allowed, the respondent was entitled to costs assessed on a 2B basis in the sum claimed: $2,151 plus $50 disbursements (total $2,201).
18 Aug 2021
The plaintiff failed to respond to repeated directions and the defendants' costs memorandum, had been given ample opportunity to respond, and therefore costs were appropriately awarded to the defendants on a 2B basis with a limited discount for duplicative claimed items (Step 28).
18 Dec 2020
Applicant entitled to costs on a 2B basis in the amount of $8,484.50; the claimed disbursements of $873.60 for flights and accommodation are not recoverable.
22 May 2020
Because the plaintiffs failed to comply with court directions by not filing briefs of evidence and the statement of claim was struck out, and because service of the costs applications on the plaintiffs' solicitor was effective and no response was filed, the defendants were entitled to costs on a 2B basis with a correction to the daily recovery rate for steps prior to 1 August 2019.
17 Mar 2020
Because the appellant failed to pay security for costs and failed to prosecute the appeal, the respondent was entitled to limited 2B scale costs for preparation and attendance at the first case management conference; the court refused a 50% uplift and declined to award costs for the brief costs memorandum or for work related to a notice of opposition, awarding $2,453 to the respondent as a reasonable sum for the identified steps.
7 Nov 2017
The plaintiff was successful in all respects on the application to appoint interim liquidators and on the subsequent appointment; accordingly costs were awarded on a 2B scale: $6,046.50 against both defendants for the application before Whata J, and 2B costs against the first defendant for the Toogood J appointment, with any unresolved quantum to be fixed by the Registrar on filing of a memorandum by the plaintiff.
19 Aug 2016
The Court fixed costs on a 2B basis at $16,502 plus allowed filing and sealing fees ($160) for a total award of $16,662; claims for the cost of preparing the notice, counsels' travel, and preparation of this costs application were disallowed; the application for an order requiring payment within ten working days was dismissed.
31 Aug 2015
The 1 May 2012 Calderbank offer of $140,000 was rejected without reasonable justification; accordingly increased costs are warranted under HCR r 14.6(3)(b)(v). A 50% uplift on costs for steps after 1 May 2012 is fair (75% sought was excessive). Costs on a 2B basis are awarded net $39,032 plus an uplift of $17,700 for post-offer steps and disbursements of $47,500.96.
24 Feb 2015
Because the defendants' application for a further extension of the stay of execution was refused and the defendants did not respond to the plaintiff's costs memorandum, the plaintiff was entitled to costs assessed on a 2B basis in the sum of $5,174.
1 May 2014
The Court will award costs to the liquidators on a 2B basis treating the defended interlocutory application as if it were an originating application; the affidavits challenged were necessary and their costs are allowed; hearing time for 18–19 March 2014 is to be calculated at 0.25 of a day for the relevant items (item 42).