New Zealand Case Law: Decisions & Judgments

Topic

Increased costs for unreasonable conduct

Legal area

Court

3 Aug 2020

TILLEMANS v TILLEMANS [2020] NZHC 1907

Citation

[2020] NZHC 1907
Court

High Court

Plaintiff is entitled to costs because the outcome vindicated him, but the claimed time and amount were reduced to a reasonable scale award of $9,366; costs are payable from trust assets and are not personally enforceable against the former trustees; the trustees acted reasonably in the circumstances and therefore retain their indemnity from trust assets for reasonable expenses; there is no basis for an uplift or orders for personal liability.
17 Sept 2018

FINNIGAN v ELLIS [2018] NZHC 2440

Citation

[2018] NZHC 2440
Court

High Court

Liquidators were entitled to costs on a 2B basis; after deductions for improperly pleaded joint claims and reduction of hearing days from nine to eight, base joint costs were $89,423 plus a 25% uplift to $111,778.75; each defendant also liable individually for $2,922 for items attributable to them; defendants jointly and severally liable for disbursements of $19,709; liquidators cannot recover unpleaded liquidation administration costs from defendants and must seek those from the company under the Companies Act and liquidation regulations; interest on the substantive judgment is to be calcula…
6 Jun 2017

SHARP v PILLAY [2017] NZHC 1207

Citation

[2017] NZHC 1207
Court

High Court

The court found the plaintiff had signed an agreement precluding costs against the third defendant and therefore made no order for costs against the plaintiff for the third defendant; the court awarded the fourth defendant increased costs of $1157.36 plus disbursements because the plaintiff acted unreasonably in pursuing an untenable claim up to a strike-out hearing; the court awarded the third party Category 2B costs plus disbursements for steps taken after he was joined as a third party and referred any quantum dispute to the Registrar.

New Zealand Case Law

TILLEMANS v TILLEMANS [2020] NZHC 1907

FINNIGAN v ELLIS [2018] NZHC 2440

SHARP v PILLAY [2017] NZHC 1207