New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discontinuance analogy

Legal area

Court

31 Aug 2022

ZHOU v TANG [2022] NZHC 2190

Citation

[2022] NZHC 2190
Court

High Court

The defendants achieved the outcome sought by consent; the plaintiff could and should have sought clarification of the amount earlier; the Court, exercising its discretion under r 14.1 and applying costs principles, ordered the plaintiff to pay the defendants' 2B scale costs and disbursements.
28 Aug 2008

DIMOCK V P DE'ATH HC NWP CIV 2007-443-312

Citation

openlaw-02cf22bd_42b5_4803_9d5d_6a52a842a0e5.pdf
Court

High Court

Because the applicant effectively elected not to proceed and the merits were not clear and obvious, the discontinuance analogy under r 476C applied; accordingly the applicant was ordered to pay the costs of the proceeding on a 2B basis with disbursements fixed by the Registrar.