New Zealand Case Law: Decisions & Judgments

Topic

Interest on costs

Legal area

Court

24 Oct 2023

MATHEW BARR MOTOR GROUP LIMITED v CENTRO PILGRIM LIMITED [2023] NZHC 2973 [24 October 2023]

Citation

[2023] NZHC 2973
Court

High Court

MBMGL was awarded costs on a 2B scale including allowance for the amended statement of claim and sums arising from the second statutory demand; a 25% uplift was granted because CPL unreasonably failed to explore or accept MBMGL's Calderbank offer; an additional 0.4 day was allowed for the original costs memorandum; costs, once sealed, will attract interest until paid.
30 Nov 2022

LEE v VAN HUNG LIMITED [2022] NZHC 3195

Citation

[2022] NZHC 3195
Court

High Court

Because the parties filed a joint memorandum with a detailed breakdown and the Court was satisfied the claimed amounts were the actual costs, disbursements and witness expenses reasonably incurred by the Trust under High Court Rules r14.6(1)(b), the Court ordered Van Hung to pay $23,672.80 plus interest at 12% per annum from 20 October 2022.
12 Jun 2020

BOYD v KENDRICK [2020] NZHC 1309

Citation

[2020] NZHC 1309
Court

High Court

The respondent was entitled to costs; the appeal was categorised as a 2A matter and scale costs on a 2A basis were appropriate. The appropriate award was $5,975.00. Interest for any period prior to the costs award could not be granted and claimed costs for sealing an order that had not occurred were disallowed. The registry was directed to release $1,195.00 held as security for costs to the respondent with the balance of $4,780.00 payable by the appellant.
13 Dec 2019

MILK NEW ZEALAND (SHANGHAI) CO. LIMITED v MIRAKA LIMITED [2019] NZHC 3292 [13 December 2019]

Citation

[2019] NZHC 3292
Court

High Court

The defendant was entitled to an award for costs and disbursements. A 25% discount for the interest-rate issue was not warranted; however costs claimed for a joint memorandum prepared and filed by the plaintiff were disallowed. Net award fixed at $17,077.50 with interest at the prescribed statutory rate from the date of the Costs Judgment.
7 Dec 2018

BILLINGTON v MORTON [2018] NZHC 3212

Citation

[2018] NZHC 3212
Court

High Court

The appellant was ordered to pay the respondent costs for the recall application of $5,909.50 and for the costs appeal of $11,484.50; interest is to run at Judicature Act rates from the date of the costs order until payment; the Registrar was ordered to pay the full sum held as security with interest to the respondent to be set off against those costs; no relief from costs was granted based on the appellant's asserted financial hardship.
10 Oct 2018

STUART WALTON HERRON v WAYNE ANDREW WALLACE [2018] NZHC 2638

Citation

[2018] NZHC 2638
Court

High Court

Contractual indemnity costs awarded under clause 12 remain available to the plaintiff despite partial success on appeal, but the indemnity award fixed by Faire J is reduced on a robust assessment by 30% to reflect materially lower judgment and the changed scope of necessary work; consequential orders fix substantive indemnity costs at $235,000 (inclusive of GST), award interlocutory costs of $17,577 and $50,000, and interest at 5% from 1 December 2016 on the $235,000.
23 Jun 2016

NEW ZEALAND VENUE AND EVENT MANAGEMENT LIMITED v WORLDWIDE NZ LLC [2016] NZCA 282

Citation

(2006)27 NZTC 22
Court

Court of Appeal

Scale costs and standard disbursements are to be awarded without GST where the successful party is GST-registered and able to claim input credits; courts will include GST only where the successful party cannot recover it and has informed the court. Interest on costs accrues only from the date costs are awarded in a calculable sum or as otherwise agreed; in this case interest runs from 11 August 2014.
10 Jun 2015

WELLINGTON CITY COUNCIL v DALLAS CA148/2014 [2015] NZCA 231

Citation

[2015] NZCA 231
Court

Court of Appeal

By consent, the Court ordered the respondent to repay the appellant specified High Court costs and to pay the appellant's High Court costs and disbursements, with interest on the repayment calculated from a stated date at a stated daily rate.
6 Mar 2015

BODY CORPORATE ADMINISTRATION LTD v MEHTA [2015] NZHC 316

Citation

[2015] NZHC 316
Court

High Court

Base award of costs in favour of the first defendant is $40,802 as reflected in plaintiff's tables; uplift to band C for preparation of interlocutory affidavits (step 19) is not justified for lack of particularisation so remains 2B; inspection costs for seized documents (step 21) allowed by analogy at 2B; joint memorandum cost (step 23) allowed but limited to 50% to avoid double recovery; plaintiff's attempt to recover costs against the first defendant for the April 2010 application is dismissed; interest at 5% per annum awarded on the $40,802 from 15 February 2013 (date of Allan J's interim…
19 Dec 2014

AVONSIDE HOLDINGS LTD v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD [2014] NZHC 3357

Citation

[2014] NZHC 3357
Court

High Court

Because the plaintiff obtained a materially greater measure of success on appeal, the plaintiff must be treated as the successful party in the High Court and is entitled to costs on a 2B basis, disbursements as claimed, interest from 6 September 2013, and a half day allowance at category 2 ($995) for costs memorandum preparation.