31 May 2023
The defendant was entitled to costs on a 2B basis; the claimed discovery costs were excessive and reduced to $1,195 reflecting half a day's work; certification for second counsel was refused as unnecessary; total costs awarded $39,196.00 and disbursements $10,965.30 in favour of the defendant.
14 Apr 2023
The Court granted certification for second counsel because the proceeding involved significant complexity and cultural importance, substantial antecedent material and prior decisions, required substantial preparation (including re-preparation after a late reschedule), and second counsel materially assisted the Court; the claimed amount was reasonable in the circumstances.
22 Mar 2023
The Court determined the leave application was of above-average complexity requiring category 3 costs. Time allocations were mixed between bands B and C as appropriate; a requested 50% uplift for affidavit preparation was denied because the opposing party's evidence was not unreasonably or unnecessarily filed. Second counsel was certified as necessary. Expert witness fees were allowed as disbursements after review of invoices and relevance to issues raised by the respondents. Costs of $48,449.25 and disbursements of $25,824.57 were awarded against the fourth and fifth respondents.
2 Nov 2022
The Court concluded the proceedings were sufficiently complex, with multiple causes of action and practical demands during evidence that justified certification of second counsel and a 2B costs award; accordingly Hawken was awarded the specified 2B costs and disbursements for both the substantive and stay judgments.
22 Sept 2022
Court awarded the Minister costs on a 2B basis with accepted 2A claims where applicable, allowed Step 10, certified costs for second counsel given trial complexity and assistance provided, assessed document inspection at Band C due to volume (>8,000 documents), found expert fees of $500/hr for 66.5 hours reasonable and necessary, and granted a 30% uplift because the plaintiff's estoppel claim was misconceived and increased the defendant's costs; resulting award $83,578.30 plus disbursements $33,849.16.
14 Feb 2022
Defendants must pay plaintiffs' costs on a Category 2 basis with specific adjustments: commencement (Step 1) assessed at Band C but reduced by one day to nine days due to overlap with an unsuccessful claim; Steps 33 and 33B to be assessed as if the trial had taken three days; second counsel not certified; allowance for only one CMC memorandum; disallowance of claimed costs for the 12 February and 28 February 2021 memoranda; allowance for plaintiffs' memoranda responding to the defendants' Beddoe application.
10 Feb 2022
Costs awarded to the successful plaintiff on a 2B basis; second counsel certification refused because volume alone did not justify two counsel given ordinary complexity, affidavit evidence, filed submissions and no need to lead or produce exhibits; other claimed costs for case management, cross-examination steps and multiple interlocutory applications were reasonable and recoverable; disbursements for process service and remote swearing were recoverable in the circumstances; $896.25 claimed for second counsel disallowed; net award $41,705.50 costs and $5,829.85 disbursements to applicant.
31 Aug 2021
Plaintiffs entitled to costs under scale 2B. Specific adjustments: substituted scale sum for preparation for December 2020 (step 33B) $8,365.00 (not plaintiffs' higher invoiced $11,980.00); teleconference memorandum $892.00 allowed; sealing of 28 May 2021 judgment $96.60 allowed; sealing of costs order $342.70 disallowed; second counsel costs $6,552.00 disallowed. Net costs awarded $67,820.63 plus disbursements $11,390.00, total $79,210.63 payable by defendants to plaintiffs.
29 Jul 2021
The Court awarded costs for the application for leave against Manchester Securities alone (2B basis $7,050.43) and awarded costs and disbursements for the substantive winding up application against Manchester Securities and R J Cummins jointly (2B basis $15,184.35 and disbursements $17,634.10); the Court certified and approved costs for second counsel (Mr Allan) and allowed the expert fees of $3,024.60 and $9,500.00 as reasonable disbursements on proof of reasonableness.
18 Dec 2020
The court certified second counsel was appropriate but declined to order any uplift beyond 2B scale costs because the plaintiff's conduct was not sufficiently unreasonable to justify departure from the predictable scale costs regime; accordingly the plaintiff was ordered to pay 2B costs of $14,101 and disbursements of $2,351.20 (total $16,452.20) and the previously paid security for costs was released.