20 Jun 2023
BLAKELY v RYAN [2023] NZHC 1529
- Citation
- [2023] NZHC 1529
- Court
- High Court
First Defendant was entitled to costs on the discontinuance of proceeding 523 under HCR r15.23, but full recovery from the Plaintiff was inappropriate because First Defendant had reached settlement with two co‑plaintiffs and the Plaintiff was not party to that agreement; the court therefore awarded a one‑third share of the claimed schedule ($2,599.84) to First Defendant. The court declined to award costs in respect of proceeding 524 because consolidation did not amount to a discontinuance and the merits remain undecided. The Plaintiff's application for costs from the estate and for scale cost…