New Zealand Case Law: Decisions & Judgments

Topic

Settlement offers

Legal area

Court

1 Dec 2023

ZHENG and HIBISCUS INDEPENDENT TRUSTEES 2008 LTD as trustees of the ZHENG FAMILY TRUST v LYNDON, LYNDON and ARCHER [2023] NZHC 3476

Citation

[2023] NZHC 3476
Court

High Court

The plaintiffs succeeded overall and are entitled to 2B costs and disbursements up to 20 April 2023; the defendants' 20 April 2023 offer exceeded the judgment so defendants are entitled to 2B costs and disbursements for steps after that date; expert disbursements are reduced by 50% and allocated according to when work was performed. The plaintiffs' refusals of the 28 February and 20 April offers were reasonable when assessed at the time of rejection, so increased or reduced scale costs are not warranted beyond the discrete allocation ordered.
9 Nov 2023

COOKE v BUTLER [2023] NZHC 3153

Citation

[2023] NZHC 3153
Court

High Court

Although the plaintiffs were the successful party on the defendants' interlocutory application, special reasons existed to reserve costs until final determination because resolution requires a full review of long and partly without prejudice settlement negotiations and related material not before the Court, and that review is best undertaken at the conclusion of the substantive proceeding.
30 Oct 2023

CHIP N REPAIR LTD v IAG NEW ZEALAND LTD [2023] NZHC 3028

Citation

[2023] NZHC 3028
Court

High Court

IAG, as the successful party on summary judgment, was awarded scale costs of category 2B for steps to 29 November 2021 and for subsequent steps; indemnity costs were refused because CNR's claim, while unsuccessful, was not frivolous or vexatious; however CNR's conduct in failing to amend or particularise claims after evidence and pursuing hopeless aspects justified a modest 20% uplift on post-evidence 2B scale costs; costs for the amended statement of defence application awarded to IAG on a 2B basis; total award: $11,658 plus $347 disbursements.
15 Sept 2023

SPRING v BROWNE (Costs) [2023] NZHC 2581

Citation

[2023] NZHC 2581
Court

High Court

The court refused to award indemnity or increased costs because the defendants did not discharge the onus: the settlement communications did not establish conduct justifying increased/indemnity costs, and defendants failed to provide adequate evidential detail (affidavits/invoice breakdown and GST status) to show their claimed indemnity costs were reasonably incurred. The defendants were awarded category 2B scale costs adjusted to $36,567.00 plus disbursements (excluding GST); costs to be paid within seven days; costs of this application to lie where they fall.
28 Jul 2023

VIETNEW CORPORATION LIMITED v SHAND [2023] NZHC 1991

Citation

[2023] NZHC 1991
Court

High Court

The statutory demand issued prior to the Employment Court stay was not an abuse of process because the Authority's determinations created a debt that could validly support a statutory demand; after the stay the parties failed to agree withdrawal/ discontinuance on neutral-costs terms and neither party's conduct justified uplifted or indemnity costs; accordingly costs are to lie where they fall.
26 Jul 2023

TADD MANAGEMENT LIMITED v [2023] NZHC 1968

Citation

[2023] NZHC 1968
Court

High Court

The Court refused to award increased or indemnity costs because the defendants' defences were not so lacking in merit or pursued in such a way as to meet the high threshold for exceptional costs; defendants' reliance on a retrospective ISA and arguments about purchaser obtaining a DSA were not hopeless or vexatious; plaintiff awarded ordinary category 2B scale costs and recoverable disbursements subject to specified deductions and further particulars for potential overlap with electronic discovery claims.
20 Jul 2023

CERAMALUS v NEW ZEALAND POST LTD [2023] NZHC 1894

Citation

[2023] NZHC 1894
Court

High Court

Respondents are entitled to costs following successful strike out; costs awarded on High Court Rules category 2, band B, with NZ Post receiving a 50% uplift for steps taken after filing its applications for strike out, summary judgment and security for costs due to the applicant pursuing meritless arguments and refusing a reasonable settlement offer; specified monetary awards and disbursements to each respondent were ordered and a minor apportionment adjustment was required for duplicate bundle preparation time.
11 Jul 2023

CHANDLER FARMS LTD v PETTERSON [2023] NZHC 1798

Citation

[2023] NZHC 1798
Court

High Court

The Taylor Trustees, as unsuccessful parties, were ordered to pay costs to Chandler Farms on a category 2B basis with disbursements to be fixed by the Registrar; increased costs were refused because the Trustees had reasonable justification to decline the settlement offer and seek a final judicial determination; the applicant's claimed amount was reduced by $4,780 because Item 32 does not apply to originating applications and Item 40 already provides for 1.5 days' preparation of written submissions.
14 Jun 2023

WAHAROA LAND HOLDINGS LIMITED v WAHAROA INDUSTRIAL PARK LIMITED [2023] NZHC 1480

Citation

[2023] NZHC 1480
Court

High Court

On a realistic overall assessment the first defendant succeeded: it pragmatically settled minor causes and successfully defended the main breach of contract claim at a two-day trial. Therefore the plaintiff must pay the first defendant's costs; the Court awarded $29,019.50 on a 2B scale with a Band A adjustment for two items.
29 May 2023

PARKLANE INFRASTRUCT LTD v LU TRUSTEE LTD (costs) [2023] NZHC 1309

Citation

[2023] NZHC 1309
Court

High Court

Plaintiff (through its agent) pressured and manipulated communications to create the appearance of a legal right of access when the defendant had no intention to grant such rights, acted in wilful disregard of known facts and made allegations that ought not to have been made; that conduct was vexatious, flagrant and exceptionally bad, justifying an award of indemnity (actual) costs to defendants in the amount established by their invoices and analysis.