New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Hearing fees

  • 8 Jun 2021

    BISCUIT CREEK FOREST LTD v VALLANCE [2021] NZHC 1345

    Citation
    [2021] NZHC 1345
    Court
    High Court

    Apply High Court Rules: Simon and Rosa entitled to 2B scale costs on the first proceeding but reduced by 12% to reflect unsuccessful or unpursued affirmative defences that significantly increased Biscuit Creek's costs; Andrew entitled to 2B scale costs on the second proceeding only to the extent of additional costs he would not have incurred but for that proceeding (including filing the defence to that proceeding and a modest allowance of 1.5 additional days for trial preparation/hearing), applying the Medway principle to overlapping proceedings; non-expert professional witness fees approved…

  • 31 May 2018

    WOOLF v KAYE [2018] NZHC 1250

    Citation
    [2018] NZHC 1250
    Court
    High Court

    Registrar's decision was set aside because, on the evidence, payment of the first instalment did not cause undue hardship but payment of the further hearing fees would cause undue hardship as at the date payable; the court therefore exercised its discretion to waive payment of further hearing fees rather than make fee payment contingent on the outcome of the substantive litigation.