New Zealand Case Law: Decisions & Judgments | LexChat

Topic

No‑profit rule

Legal area

Court

10 Nov 2016

VICTORIA QUARTER NO. 1 LIMITED (AS TRUSTEE OF THE VICTORIA QUARTER NO. 1 TRUST) v FBB HOLDINGS LIMITED [2016] NZHC 2691

Citation

[2016] NZHC 2691
Court

High Court

The second defendant failed to comply with the court's direction to quantify and apportion costs; absent that information the court limits the second defendant to one‑sixth of the quantified scale costs ($5,400) and, given the first defendant's liquidation and the second defendant's control of the first defendant, the second defendant's costs award is to be set off against the plaintiff's costs award.
14 Jul 2016

VICTORIA QUARTER NO. 1 LTD (as Trustee of the Victoria Quarter No. 1 Trust) v FBB HOLDINGS LTD [2016] NZHC 1597

Citation

[2016] NZHC 1597
Court

High Court

The second defendant is entitled to scale (2B) costs as a successful party but must file a quantified memorandum and confirm the costs do not exceed actual costs (no‑profit rule); a Sanderson order is declined because the defendants faced different issues and justice does not require one codefendant to pay the other's costs; the plaintiff is entitled to increased costs against the first defendant from the date of its Calderbank offer (11 March 2015) because that offer was materially less than the judgment; joint offers by the defendants defeated any uplift claim by the second defendant; inter…