17 Aug 2012
Because the defendants filed reasonable and supported costs memoranda, the claimed 2C uplift was justified, and the plaintiff did not oppose, the court awarded the claimed costs and disbursements to each defendant in the amounts sought.
18 May 2010
The Court recalled only the portion of its earlier judgment ordering costs in respect of the District Court because it had not taken into account the authoritative NZI Bank decision and r14.8(3) exemption for summary judgment; however, because the plaintiff had reasonably sought and initially succeeded in summary judgment, costs could nonetheless be ordered in some circumstances; accordingly the District Court costs order is recalled but High Court costs of $5,409 are confirmed to be payable to Mr and Mrs Le Fleming.
26 Nov 2009
Because the summary judgment was correctly refused due to substantial factual issues that the plaintiff ought to have appreciated, the court declined to award summary judgment costs to either party (costs lie where they fall) and reduced the plaintiff's claimed time for statements of defence to 1.6 days as reasonable under r 14.2(c).
20 Dec 2006
Plaintiff must amend the statement of claim to comply with R 725ZK by providing at least one concrete instance of each alleged type of infringement linking the act to a specific product, date and where applicable customer; defendant's application for particular discovery under R300 is dismissed as premature because general discovery has not yet been given; costs of the unsuccessful summary judgment application are reserved until final determination; stay application costs are fixed at $435; consolidation of proceedings is permissible only if plaintiff does not object to A J Park's continued i…