New Zealand Case Law: Decisions & Judgments

Topic

Duplication of proceedings

Legal area

Court

6 Aug 2021

GEORGE GRANT ENGINEERING LTD v FABRICATION & PIPE SERVICES LTD [2021] NZHC 2032

Citation

[2021] NZHC 2032
Court

High Court

A 2B scale costs starting point of $18,915.36 was appropriate after deductions for duplication and time; because the plaintiff unreasonably pursued an unsuitable summary judgment application and failed to disclose facts (notably terms of trade) that undermined its claim, a 50% uplift was warranted but indemnity costs were not justified; resulting award $28,373.04 plus disbursements $38.00.
7 Nov 2014

DANONE ASIA PACIFIC HOLDINGS PTE LIMITED v NUTRICIA LIMITED CA438/2014 [2014] NZCA 536

Citation

[2014] NZCA 536
Court

Court of Appeal

FCGL discharged the onus of showing a real risk of injustice if required to take the further High Court procedural steps because the arbitration in Singapore will likely determine the substantive issues, any required amendments and discovery would be premature and potentially onerous, and forcing parallel interlocutory steps would unjustifiably duplicate proceedings and divert key employees; accordingly the temporary stay should remain unamended and the appeal is dismissed.
4 Jun 2013

C J ROBINSON AND A C ROBINSON v IAG NEW ZEALAND LIMITED [2013] NZHC 1293

Citation

[2013] NZHC 1293
Court

High Court

The presumption that a discontinuing party pays costs was displaced by the unusual circumstances, but the court exercised its discretion to award the defendant only those costs that were reasonably wasted by duplication. The court quantified wasted work as 1.1 days at the 2B daily rate of $1990 (total $2189) and allowed the filing fee/disbursements of $108.80, reasoning that certain preparation and memorandum work and part of the hearing preparation were duplicated and therefore recoverable.
12 Sept 2008

Perkins v Accident Compensation Corporation

Citation

[2008] NZACC 218
Court

District Court

Where an application for review does not relate to a decision within the meaning of section 6 of the Act the Reviewer lacks jurisdiction; the Reviewer correctly dismissed the review applications for lack of jurisdiction and the District Court dismissed the appeals.
10 Sept 2008

Perkins v Accident Compensation Corporation

Citation

[2008] NZACC 209
Court

District Court

The appeal was dismissed because it entirely duplicated an issue already before the Court in Appeal A1 470/07; duplication of proceedings by bringing identical matters constitutes an abuse of process and justifies dismissal.
15 Oct 2007

WILLARD V MCCOLLAM & ORS HC AK CIV 2006-404-002290

Citation

openlaw-78d5bb20_a516_45ca_a349_240cdca116aa.pdf
Court

High Court

The McCollams' cross-claim against North Shore City Council duplicates a pre-existing claim by the McCollams in earlier High Court proceedings and, in combination with the risk of unfair prejudice and expense to NSCC from parallel litigation, amounts to an abuse of process warranting a stay of the cross-claim until determination of the related High Court proceedings or further order; leave granted to vary the stay only upon significant developments; costs awarded to NSCC on a 2B basis.

New Zealand Case Law

GEORGE GRANT ENGINEERING LTD v FABRICATION & PIPE SERVICES LTD [2021] NZHC 2032

DANONE ASIA PACIFIC HOLDINGS PTE LIMITED v NUTRICIA LIMITED CA438/2014 [2014] NZCA 536

C J ROBINSON AND A C ROBINSON v IAG NEW ZEALAND LIMITED [2013] NZHC 1293

Perkins v Accident Compensation Corporation

Perkins v Accident Compensation Corporation

WILLARD V MCCOLLAM & ORS HC AK CIV 2006-404-002290