New Zealand Case Law: Decisions & Judgments

Topic

Court costs

Legal area

Court

16 Dec 2016

NORRIS WARD MCKINNON v KAYE & ANOR [2016] NZHC 3089

Citation

[2016] NZHC 3089
Court

High Court

The adjudication of Morva Kaye is annulled because, on balance, had the court been apprised of her personal circumstances and the consequences to her employment and professional status the court would not have adjudicated her bankrupt; the annulment for Anthony Pratt Kaye is refused because service was adequate, his asserted mistake about the date was not established as reasonable and, given insolvency and the fixed costs judgments, adjudication was appropriate.
10 Jun 2015

WELLINGTON CITY COUNCIL v DALLAS CA148/2014 [2015] NZCA 231

Citation

[2015] NZCA 231
Court

Court of Appeal

By consent, the Court ordered the respondent to repay the appellant specified High Court costs and to pay the appellant's High Court costs and disbursements, with interest on the repayment calculated from a stated date at a stated daily rate.
27 Feb 2014

AUCKLAND COUNCIL v MAWHINNEY [2014] NZHC 297

Citation

[2014] NZHC 297
Court

High Court

The costs order made by the Environment Court is not a provable debt under s232(1)(b) and therefore was not released by the applicant's prior discharge under s304; this Court in these proceedings has no jurisdiction to set aside the Environment Court's determinations absent appeal or review; the applicant has no viable counterclaim or set-off that equals or exceeds the debt (res judicata and lack of cause of action under the RMA); limitation does not bar enforcement; the originating application to set aside the bankruptcy notice is dismissed and costs are awarded against the applicant.
24 Jul 2012

LONG v ANZ NATIONAL BANK LIMITED SC 31/2012

Citation

SC 31/2012
Court

Supreme Court

The Court exercised its discretion and ordered the applicant to pay the respondent's costs and disbursements in the specified amounts.
17 Feb 2011

VINCENT ROSS SIEMER V MICHAEL PETER STIASSNY CA CA692/2010

Citation

openlaw-b5a11b48_9aba_4040_9618_0f3509429518.pdf
Court

Court of Appeal

The application for recall was declined because it failed to meet the established criteria for recall as it simply sought to re-open issues already considered by the Court and did not demonstrate that the earlier judgment was legally or factually unsafe under the Horowhenua criteria; costs were awarded to the respondents.
25 Jun 2010

TUBBS V MCKENZIE AND ORS HC CHCH CIV-2005-409-002588

Citation

openlaw-201c327f_875a_4737_8a94_d25f21ac9da5.pdf
Court

High Court

The application for security for costs was dismissed because the plaintiff's affidavit established that BDO would underwrite any costs award, so there was no reason to believe the plaintiff would be unable to pay under r 5.45(1)(b); unwillingness to pay did not meet the statutory threshold.
27 Apr 2010

SAUNDERS, LATIMER AND BROWN V THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED AS TRUSTEE AND EXECUTIVE OF THE ESTATE OF CLARICE BARBARA GREENBANK HC PMN CIV-2008-454-38

Citation

openlaw-0b0a0aa2_7bab_4d8b_a68f_dc15afae2186.pdf
Court

High Court

The application for a stay was dismissed as moot because the ordered costs were paid; the Court exercised its discretion and ordered that costs of the stay application lie where they fall, making no costs award for the application and directing the matter be set down for trial.
7 Aug 2008

PETRICEVIC V BRIDGECORP MANAGEMENT SERVICES LIMITED (IN RECEIVERSHIP) HC CIV 2008-404-003380

Citation

openlaw-e58e90d1_c61c_464c_9d56_576b8bce1d43.pdf
Court

High Court

The Court found the statutory jurisdictional requirements were satisfied: the judgment debt ($666,186.94) is unpaid, an act of bankruptcy was proved within three months, and the debt is certain and payable; the debtor failed to show a breach of s31 in respect of the Porsche or any other circumstance making it just and equitable or otherwise appropriate to refuse adjudication under s37 or to halt proceedings under ss38/39/42 (particularly given the Court of Appeal declined a stay), and therefore the Court exercised its discretion to adjudicate the debtor bankrupt.