New Zealand Case Law: Decisions & Judgments

Topic

Personal liability for costs

Legal area

Court

27 Jul 2023

XING SENG LIMITED v TARA SINGH [2023] NZHC 1990

Citation

[2023] NZHC 1990
Court

High Court

The court found XSL likely insolvent and unchallenged on that point, and that Mr Xing, having repurchased shares and effectively continued dismissed proceedings, was the real party to the litigation; accordingly costs were properly imposed jointly on XSL and Mr Xing personally. Indemnity costs were not justified because Mr Xing's conduct, while leading to an unnecessary security application, was not sufficiently culpable to warrant indemnity; a 2B costs award with a 50% uplift fairly compensates the third defendant.
5 Oct 2021

CARRICK v CARRICK [2021] NZHC 2637

Citation

[2021] NZHC 2637
Court

High Court

Costs follow the event; the plaintiffs were the successful parties notwithstanding consent orders; increased costs were not warranted; the court awarded costs to the plaintiffs on a 2B scale in the amount claimed subject to specific reductions for short memoranda, and ordered the defendant to pay those costs personally together with disbursements of $1,100.
20 Nov 2019

POOL v VAN RIJSSEL [2019] NZHC 3035

Citation

[2019] NZHC 3035
Court

High Court

It would be unjust to make the respondent personally liable for the applicant's costs because the respondent's conduct was reasonable in the context of prior related proceedings; both parties' costs should be met from the estate, with the respondent's costs quantified at $1,370.00 on a 2B basis and the applicant's reasonable costs to be paid by the estate.
7 Oct 2019

ON-LINE DIGITAL SOLUTIONS LIMITED v NATHAN SANDERS PHOTOGRAPHY LIMITED[2019] NZHC 2524

Citation

[2019] NZHC 2524
Court

High Court

The court permitted the director to represent the company for the limited purpose of costs because the respondent had already appeared and the only issue remaining was costs, and awarded indemnity costs to the applicant because the respondent, through its director, conducted proceedings improperly and abusively; the costs award was entered jointly and severally against the company and the director due to his personal impropriety and control of the proceedings.
27 Nov 2018

SUNDE v SUNDE [2018] NZHC 3080

Citation

[2018] NZHC 3080
Court

High Court

The Court awarded plaintiffs their 2B costs and held Kevin personally liable because his opposition to the summary judgment lacked merit, he abandoned key grounds only after plaintiffs had addressed them, he did not act properly and reasonably as a trustee entitled to indemnity, he did not obtain authority or a Beddoe order to use trust funds, and the minor beneficiary set-offs would have occurred irrespective of his resistance; therefore the trust will not indemnify him.
17 Mar 2017

DAVIS v WHITE Costs Judgment [2017] NZHC 500

Citation

[2017] NZHC 500
Court

High Court

Applicants acted unreasonably by pursuing an untenable position (relying on a draft deed and arguing the Freemasons were entitled to the whole fund) contrary to earlier advice that respondent was entitled to the assets; indemnity costs were not awarded because applicants relied on counsel's opinion, but an increased award was warranted; the court therefore awarded a 50% uplift on 2B costs ($34,119 plus $1,928.72 disbursements) in favour of the respondent and ordered the applicants personally to pay 50% of their own legal fees and barred them from recourse to trust funds to satisfy the awarded…
29 Jun 2015

ASIA PACIFIC HOTEL INVESTMENTS LIMITED v DAMIEN GRANT [2015] NZHC 1460

Citation

[2015] NZHC 1460
Court

High Court

Because the liquidators were the named respondents in the s 284 application they could be personally liable for costs; the applicants were entitled to costs as the event followed in their favour; however increased costs were not justified because the liquidators' initial rejection was within a reasonable exercise of judgment in light of appellate caution and their reversal after affidavit was not culpably dilatory; costs were awarded personally against the liquidators on a 2B basis with no uplift and costs were not to be added to the applicants' proofs of debt.
3 Mar 2015

SUISSE INTERNATIONAL LIMITED v MONK [2015] NZHC 341

Citation

[2015] NZHC 341
Court

High Court

Because the plaintiff company had no assets and the director Mr Watt stood to benefit from the litigation, and because the claim contained unsupported and potentially vexatious allegations of fraud, indemnity costs were warranted; accordingly the court awarded indemnity costs equal to 80% of the defendant's total costs against the plaintiff and Mr Watt, but declined to order personal costs against counsel Mr Swan or solicitor Mr Jespersen.
28 Nov 2014

BAKER v WAIMAKUKU WHANAU TRUST BOARD INC [2014] NZHC 3016

Citation

[2014] NZHC 3016
Court

High Court

The court found on the balance of the material that the respondent's initiatives in the proceedings were directed and effectively orchestrated by Mr Baker for his own and his immediate family's benefit, that the respondent would not pay the outstanding costs, and that it was therefore appropriate to order Mr Baker to contribute $10,000 (or the lesser outstanding amount) towards the costs previously ordered against the respondent and to reimburse the applicants' disbursements for effecting personal service; claims that prior unappealed judgments were wrong did not justify avoiding personal lia…
17 Sept 2014

DIVER V LOKTRONIC INDUSTRIES LIMITED (IN LIQUIDATION) (NOW EXINDUST LIMITED (IN LIQUDATION)) CA258/2011 [2014] NZCA 457

Citation

[2014] NZCA 457
Court

Court of Appeal

The Court dismissed the recall application and refused the 50% uplift and the application for personal costs against Mr Calvert because the Court had already addressed complexity in its original costs order, there were no very special reasons to reopen the judgment, the personal‑liability application should have been advanced at the hearing and the material did not justify reopening or a personal costs order against Calvert (and related company guarantees/security were noted).