New Zealand Case Law: Decisions & Judgments

Topic

Scale costs and uplift

Legal area

Court

28 Jul 2022

McLAUGHLIN v McLAUGHLIN [2022] NZHC 1841

Citation

[2022] NZHC 1841
Court

High Court

The Court held that the defendants were largely successful and awarded John 80% of his claimed party and party costs and disbursements against the plaintiffs ($365,154.24), rejected full uplift to the extent claimed but allowed a 20% reduction for late retirement concession, ordered the Ashley Trust to reimburse John $518,668.40 (when funds permit) as the balance of reasonable indemnified costs, awarded GHTL $70,980.20 against the plaintiffs, reserved leave for GHTL to seek further indemnity from the trust, and ordered the Ashley Trust to reimburse the interested party Brett $49,936.85 when f…
17 Aug 2018

N v RADIO NEW ZEALAND LIMITED (COSTS) [2018] NZHC 2120

Citation

[2018] NZHC 2120
Court

High Court

Applying the High Court Rules and discretion, the court fixed standard (scale) costs for the interlocutory application at $1,895.50, declined to award an uplift because no special reasons were established, awarded the $200 filing fee as the only disbursement filed, rejected the coercion allegation against Toll, and ordered the respondent to pay total costs and disbursements of $2,095.50.
24 Aug 2017

CORRICK v SILICH [2017] NZHC 2033

Citation

[2017] NZHC 2033
Court

High Court

The Court refused indemnity costs but awarded costs to the first to fifth defendants on the 2B band increased by 50% because the plaintiffs' pleadings and conduct caused unnecessary steps and meritless arguments warranting uplift under r 14.6(3); however the conduct did not meet the threshold for indemnity under r 14.6(4). Items 20 and 21 (discovery and inspection) are to be assessed on 2A and defendants may recover preparation costs for the vacated trial under item 33; plaintiffs' set-off arguments and GST position were not accepted or proven.
12 Jun 2014

LEE v WHANGAREI DISTRICT COUNCIL & ORS [2014] NZHC 1317

Citation

[2014] NZHC 1317
Court

High Court

Court categorised the proceedings as category 2, Band B, applied the $1,990 daily recovery rate with time allowances totalling $6,069.50, allowed an uplift of 25% (not the 75% sought) because the applicant's conduct unnecessarily increased costs but did not justify indemnity or a higher uplift, and therefore awarded scale costs with the uplift to the first and fourth respondents and actual costs to the third respondent together with specified disbursements; travel costs claimed by the first respondent were declined.
6 Mar 2014

HE v HUANG (Costs) [2014] NZHC 378

Citation

[2014] NZHC 378
Court

High Court

The Court dismissed the application for personal costs against Mr Hong because his conduct, while improper in parts, did not amount to gross negligence or wilful misconduct or a breach of duty to the Court sufficient to invoke the inherent jurisdiction; there was insufficient evidence to treat him as a litigation funder. Costs were awarded against the unsuccessful plaintiff on a 2B scale with a 50% uplift, totalling $12,537 plus disbursements $1,493.35.

New Zealand Case Law

McLAUGHLIN v McLAUGHLIN [2022] NZHC 1841

N v RADIO NEW ZEALAND LIMITED (COSTS) [2018] NZHC 2120

CORRICK v SILICH [2017] NZHC 2033

LEE v WHANGAREI DISTRICT COUNCIL & ORS [2014] NZHC 1317

HE v HUANG (Costs) [2014] NZHC 378