New Zealand Case Law: Decisions & Judgments

VAN SELM & ORMSBY v VAN SELM & ORMSBY [2015] NZHC 2139

Citation

[2015] NZHC 2139

Court

High Court

The Court accepted the appellants' solicitor's explanation and reduced the Family Court 3C costs award by $5,000 plus GST for work attributable to the Fonterra shares; because the appellants achieved limited success the Court awarded costs on appeal to the second respondent at category 2B reduced by 10%, with reasonable disbursements to be fixed by the Registrar.

17 Nov 2009

JOHN FRANCIS MANAGH V PETER ROSS JORDAN HC NAP CIV 2008-441-547

Citation: openlaw-bbbf5fb8_f768_4a68_8812_f4268786824a.pdf
Court: High Court

Where a liquidator sues in his own name he is personally liable for costs except in exceptional circumstances; claims that are not enforceable only by a liquidator do not attract special protection and a liquidator will not ordinarily be shielded from personal costs liability, although the court may reduce costs for partial success or for reasonable conduct. Applying scale 2B the Court fixed $13,600 then reduced that by 50% for partial success, awarding $6,800 plus disbursements to the defendant, with the plaintiff personally liable.