New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Daily recovery rates

  • 1 Jun 2021

    MEMELINK v BODY CORPORATE 68792 [2021] NZHC 1277

    Citation
    [2021] NZHC 1277
    Court
    High Court

    The defendant was entitled to costs. For the interlocutory strike‑out application the court disallowed step 32 for hearing preparation but allowed a half‑day allowance for affidavit preparation, producing $7,289.50. Because the strike‑out disposed of the proceedings the defendant was also entitled to costs of the proceeding; two days at the daily recovery rate in effect when the statement(s) of defence were filed ($2,230 per day) yielded $4,460. The applicable daily recovery rate is the rate in effect at the time the work was done. Total costs awarded: $11,749.50.

  • 16 Dec 2015

    SIXTUS v KIDD [2015] NZHC 3246

    Citation
    [2015] NZHC 3246
    Court
    High Court

    Clause 17(2)(b) of Schedule 1 to the District Court Rules 2014 governs calculation of costs: for proceedings commenced before 1 July 2014 steps taken after that date are to be determined under the 2014 rules, and accordingly the Judge correctly applied the 2014 rules to steps after 1 July 2014 and properly allowed costs for written submissions.

  • 30 Oct 2015

    CRUMMER TRUSTEES NO.83 LIMITED v BNZ & ORS [2015] NZHC 2687

    Citation
    [2015] NZHC 2687
    Court
    High Court

    BNZ was the successful party overall on its conjoint summary judgment/strike out application and is entitled to costs on a 2B basis with allowance for one counsel; BNZ may recover costs for two sets of submissions because Crummer Trustees filed an amended statement of claim at short notice; items incurred before 1 July 2015 are to be assessed at the old daily rate ($1,990); BNZ is entitled to 2B costs for resisting the discovery application but not to a 50% uplift under r 14.6; disbursements of $1,158 are approved; costs for the mentions hearing convened at Crummer Trustees' request are recov…