New Zealand Case Law: Decisions & Judgments

Topic

Increased costs under high court rules

Legal area

Court

13 Dec 2019

FOCUS CONSTRUCTION INTERIORS LTD v SPACEWORKS DESIGN GROUP LTD [2019] NZHC 3296

Citation

[2019] NZHC 3296
Court

High Court

Court awarded costs to defendants: applied band 2B generally but band C for preparation of briefs and trial preparation, and allowed a 50% uplift of costs items from preparation of briefs onward (post-April 2019 Calderbank offer) because the plaintiff unreasonably failed to accept the April 2019 offer; resulting costs $85,409 plus disbursements $14,358, payable by the plaintiff to the defendants.
17 Mar 2016

READ v ALMOND [2016] NZHC 464

Citation

[2016] NZHC 464
Court

High Court

The court declined to make a costs order against the legally aided defendant under s45 because the conduct did not meet the threshold of exceptional circumstances and, even if it had, the defendant's means and existing debts meant any award would be minimal and unreasonable; accordingly no costs were awarded.
6 Jun 2014

MARLEY NEW ZEALAND LTD v SKELLERUP RUBBER SERVICES LTD [2014] NZHC 1269

Citation

[2014] NZHC 1269
Court

High Court

Indemnity costs were refused because the allegations of vexatious or improper conduct rested on untested evidence and did not warrant adverse findings; r 14.6(3)(c) did not apply because the proceedings were not of general importance beyond the parties; a modest increase for additional preparation was warranted ($4,000); specific 2B items were adjusted and, after deducting $1,990 for Skellerup's costs memorandum, Skellerup was ordered to pay Precise $35,442.
19 Dec 2013

LAWRENCE v BAKER [2013] NZHC 3504

Citation

[2013] NZHC 3504
Court

High Court

The appellant was entitled to costs on the appeal on a 2B basis because he was largely successful on the principal issues that occupied the hearing; a prior Calderbank offer made in the Family Court before the appeal was not a basis for increased costs in the appeal under r 14.6(3)(b)(v) because the offer related to a different proceeding; no reduction for partial success was justified.
29 Oct 2013

The Bankhouse Trust Limited v Cloverland Jerseys Limited [2013] NZHC 2780

Citation

[2013] NZHC 2780
Court

High Court

Because the applicant discontinued its proceeding and the Court could not reach the necessary degree of certainty about lack of merit without hearing argument, the Court declined to make an increased costs order under r14.6(3) and awarded standard costs to the respondent assessed as category 3, band B, with disbursements to be fixed by the registrar.
4 Jul 2011

MCAULAY V HAWKES BAY WIND MACHINES LIMITED (IN LIQUDIATION) HC NAP CIV-2007-441-916

Citation

openlaw-8f8f31e6_2b40_4412_8b06_cb766392c1f1.pdf
Court

High Court

The court held the directors' intervention unnecessarily increased the time and expense of the proceedings and, although their conduct did not justify indemnity costs, increased costs were warranted under r 14.6(3)(b); the proper assessment was category 2 band C increased from 4.2 to 6 days (6.2 days including sealing) producing an award of $11,656 plus disbursements, payable jointly and severally by the two directors.
22 Apr 2009

CANTERBURY BUILDING SOCIETY V OASIS PROPERTIES LTD HC CHCH CIV 2008-409-002373

Citation

openlaw-5c42198f_c758_4f65_95b0_c9de4736d4da.pdf
Court

High Court

The first respondent failed to establish an arguable caveatable interest or any evidence of applicant dishonesty; the respondent also failed to inspect offered documents and did not comply with obligations, justifying an award of increased (but not indemnity) costs fixed at specified sums.

New Zealand Case Law

FOCUS CONSTRUCTION INTERIORS LTD v SPACEWORKS DESIGN GROUP LTD [2019] NZHC 3296

READ v ALMOND [2016] NZHC 464

MARLEY NEW ZEALAND LTD v SKELLERUP RUBBER SERVICES LTD [2014] NZHC 1269

LAWRENCE v BAKER [2013] NZHC 3504

The Bankhouse Trust Limited v Cloverland Jerseys Limited [2013] NZHC 2780

MCAULAY V HAWKES BAY WIND MACHINES LIMITED (IN LIQUDIATION) HC NAP CIV-2007-441-916

CANTERBURY BUILDING SOCIETY V OASIS PROPERTIES LTD HC CHCH CIV 2008-409-002373