New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Remittal of costs to environment court
  • 31 May 2022

    SPEARGRASS HOLDINGS LIMITED v VAN BRANDENBURG [2022] NZHC 1261

    Citation
    [2022] NZHC 1261
    Court
    High Court

    The Court accepted the appeal was category 2 and that three specified steps required band C time; fixed scale costs on a 2B/C basis at $35,431.75 and allowed the $540 filing fee. The Court declined a 50% uplift under r14.6(3)(b)(ii) because the threshold for uplift was not met given the Environment Court had found the respondents' case meritorious and their opposition was understandable; remitted issues of costs of the Environment Court proceedings to that Court for determination.

    • Costs awards
    • Scale costs
    • Increased costs uplift r14.6(3)
    • Remittal of costs to environment court
    • Appeal under s299 rma