New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Recoupment of costs

Legal area

Court

10 Aug 2022

SMITH v PRAIN [2022] NZHC 1964

Citation

[2022] NZHC 1964
Court

High Court

The Court applied the Court of Appeal's directions: costs must be limited to sums the defendant actually incurred and to steps taken by that defendant; marked-up schedules deleting inappropriate items were accepted where counsel confirmed personal liability; accordingly the third defendant (Prain) was awarded $66,824.40 and the fourth defendant (Cardno) was awarded $77,627.20 plus disbursements, with one item of $1,434.00 provisionally disallowed pending proof.
30 Jun 2004

Ali v Accident Compensation Corporation

Citation

[2004] NZACC 181
Court

District Court

Although medical evidence did not establish the tumour was trauma‑caused, the initial ACC approval for elective surgery was sufficiently wide and remained effective until the respondent revoked it; the appellant relied in good faith and incurred the operation costs before notification of revocation, therefore ACC must reimburse those costs.