New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Increased costs under rule 48c

Legal area

Court

23 Jul 2008

L CHAN V THE SEYIP ASSOCIATION OF NEW ZEALAND INCORPORATED HC WN CIV 2006-485-558

Citation

openlaw-9855febe_bb52_4d8b_a200_3613894635fd.pdf
Court

High Court

Registrar entitled to costs for opposing joinder on Category 2B scale; specific items approved in accordance with Third Schedule but costs claimed for December 2007 case management conferences and $1,120 for the subsequent matter were disallowed; increased costs under r48C(3)(b)(ii) were not justified. Net award: $3,440 to Registrar against plaintiff.
21 Dec 2005

HILL V JUZWA & RABINSKA HC AK CIV-2004-463-840

Citation

openlaw-a0a87134_1dfd_4636_9221_9fd2b658c529.pdf
Court

High Court

The Court held that defendants' repeated failures in pleading and discovery, improper assertion of litigation privilege over a relevant file, late production of key documents (notably the valuation and the sale agreement to the brother), and overall conduct of resisting the claim despite contemporaneous documentary evidence justified a substantial uplift in costs under r 48C; reductions under r 48D were not made. All steps were treated as Category 2, Band B. The Court awarded costs of $75,000 to the plaintiffs and ordered payment of disbursements shown in plaintiffs' fee schedule of 18 Octobe…