New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Ratification of proceedings

Legal area

Court

20 Feb 2006

BODY CORPORATE NO & ANOR V AUCKLAND CITY COUNCIL & ORS HC AK CIV 2004-404-7207

Citation

openlaw-5107e3fa_3a99_4a9c_82de_445565fde5dc.pdf
Court

High Court

The Court held the solicitor who issued proceedings without authority (Mr Josephson) was the proper person to order to pay costs; applied High Court Rules Category 2 Band B with specific adjustments (halving preparation allowance for first and second defendants and a two-thirds recovery basis for third defendant's preparation) and assessed fixed amounts to be paid by the solicitor to each defendant with filing fee disbursements.
20 Feb 2006

BODY CORPORATE NO 192964 & ANOR V AUCKLAND CITY COUNCIL AND ORS HC AK CIV 2004-404-7207

Citation

openlaw-8cf65175_deb0_4fbe_9cf9_d3f516202abf.pdf
Court

High Court

Proceedings commenced without authority were not a nullity because the defect could be cured by ratification; the solicitor who issued proceedings without authority (Mr Josephson) may be ordered to pay costs under the Court's inherent jurisdiction where there is no retainer; on the facts indemnity costs were not justified but costs were awarded against Mr Josephson in specified sums assessed on a Category 2 Band B basis with adjustments for preparation and duplication, and remaining costs reserved to follow the cause.