20 Jul 2021
The High Court held that r14.13 did not limit recovery because KFL's statement of claim sought in excess of the District Court limit, that KFL's procedural discovery lapse did not prejudice the defendant and did not justify a reduction under r14.7, and therefore KFL was entitled to agreed High Court 2B scale costs of $29,994.50 plus disbursements of $12,683.10.
30 Sept 2014
No wilful non-compliance by the defendants was established; the breakdown with their solicitor and genuine attempts to obtain documents and funds entitled them to latitude as lay litigants; consequently the strike out application was dismissed, the fixture was vacated and the discovery timetable (27 June compliance) was set aside with outstanding discovery and related interlocutory matters remitted to Associate Judge Bell for further directions including opportunity to apply for legal aid and set timetable.
5 Mar 2009
The court will not strike out immediately but will grant an unless order giving the plaintiff a final 15 working days to comply with the 11 December 2008 discovery order, pay costs ordered on 11 December 2008 ($960), and pay costs relating to the interlocutory application period totalling $7,920 plus disbursements of $1,901.25; failure to comply will result in striking out and further directions including consideration of costs against non-parties.