26 Nov 2021
PATEL v TAILOR Costs Judgment [2021] NZHC 3164
- Citation
- [2021] NZHC 3164
- Court
- High Court
The presumption in r 15.23 was not displaced because the proceeding was hopeless from the outset (applicant lacked standing, High Court lacked jurisdiction to enforce ERA orders, and the assets were trust property); the applicant must pay costs. Further, both the instructing solicitor and counsel failed to exercise or demonstrate the requisite competence and care and assisted a flawed and abusive proceeding, justifying personal costs liability; award costs jointly and severally against applicant, A.B. Lawyers (solicitor on record) and counsel on a 2B basis of $8,843 plus $110 disbursements.
- Restraining order
- Charging order
- Discontinuance and costs
- Personal liability of lawyers for conduct in proceedings
- Jurisdiction to enforce era orders