New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Rule 15.23

  • 30 Mar 2022

    DHC ASSETS LTD v ARNERICH [2022] NZHC 611

    Citation
    [2022] NZHC 611
    Court
    High Court

    The Court refused to disturb the interlocutory costs order because the circumstances for relief under r 14.8(2) were not met: the interlocutory decision was not reversed on appeal, the costs position had been addressed and consented to by parties, there was no lack of information before the Court when making the original order, and the Court of Appeal's findings concerned different issues in different proceedings and therefore did not establish that the original costs order 'should not have been made.'

  • 16 Aug 2011

    COMERFORD V PORIRUA CITY COUNCIL HC WN CIV-2009-485-1387

    Citation
    openlaw-1fad4f04_9b88_42de_a312_2afef250f2db.pdf
    Court
    High Court

    Rule 15.23 establishes a presumption that a plaintiff who discontinues against a defendant must pay that defendant's costs; no adequate reason existed to depart from that presumption in this case, a Sanderson order was inappropriate, and it was also inappropriate to shift costs to Mr Ryan given the resolution by confession of claim; accordingly costs were awarded to Mrs Ryan against the plaintiffs in the stipulated amounts.