13 Sept 2022
Costs were awarded to the plaintiff on a 2B basis in the sum of $18,214 (inclusive of disbursements) but execution of the costs order was stayed pending the outcome of the defendants' appeal or further order of the Court.
26 Mar 2021
Applicant was entitled to costs for the leave to appeal application; respondents had participated and acted as parties and thus were liable; there was no disqualifying conduct or special reason to reduce or defer costs; accordingly costs of $7,648 and disbursements $550 awarded to applicant, liability joint and several.
17 Feb 2021
Although the interlocutory application was determined by consent, unresolved factual disputes about whether the defendants caused leaks and whether the interim application was necessary, together with the parties' compromise on the orders, constituted special reasons to refuse to fix costs now; the issue of costs on the interlocutory application is to be reserved and determined at the conclusion of the substantive proceedings.
11 Oct 2019
Rule 14.8(1) mandates determination of costs on interlocutory applications when the application is decided; no special reasons existed to reserve costs here, and the defendant’s claimed items complied with the scale except for the 'Filing affidavits in support' item which was disallowed; accordingly costs were awarded to the defendant on the 2B scale less that disallowed item.
25 Mar 2019
The application to adduce further evidence on appeal is refused except that the respondent's bank statements are admitted by consent because the remaining material was not fresh, did not demonstrate exceptional circumstances, was overly detailed and convoluted, and was of minimal relevance given agreed changes in valuation and bank disclosure; extensive documentary and expert evidence is inappropriate on appeal and would risk undue relitigation.
17 Jul 2018
Applying r14.8 HCR 2016, there were no special reasons to depart from the usual rule; the respondents, as successful parties on the interlocutory application, were entitled to costs which are fixed now and awarded on a 2B basis in the sum sought ($8,123.65).
7 Mar 2016
Plaintiff succeeded on the discovery application; no special reasons justified delay under Rule 14.8; therefore costs were fixed and ordered payable immediately in the amounts awarded.
23 Apr 2015
The Court exercised its discretion to allow the respondent costs for the protest to jurisdiction application in the sum of $9,402.75 after adjustments for specific items and apportionment of hearing time, then deducted $796 for shared costs relating to the memoranda, resulting in a final award of $8,606.75 to be paid by Alpine Sun to Hortiventure.
27 Feb 2015
Costs for the withdrawn interim injunction are fixed on a 2B basis with reasonable disbursements but the incidence of those costs is reserved until the substantive proceeding is determined because the court should not conduct a detailed merits or conduct inquiry on sparse material and unresolved factual disputes constitute special reasons to defer the determination of who should ultimately bear the costs.
14 Feb 2012
Although there was otherwise a basis for requiring security for costs given the plaintiff's limited means and the real risk the defendant would not recover costs, the public interest in ventilating the claim justified proceeding without security; accordingly the Court reserved costs on the defendant's unsuccessful security for costs application to be considered in the round once the full merits of the plaintiff's contentions can be assessed.