16 May 2018
EBR HOLDINGS LIMITED (IN LIQ) v VAN DUYN [2018] NZHC 1065
- Citation
- [2018] NZHC 1065
- Court
- High Court
The Judge's operative wording that all costs and disbursements 'that were the subject of the wasted costs order ... shall be deducted from the amount to be calculated' requires assessing all High Court steps on the scale, applying a 2B basis with a 50% uplift, and then deducting the $88,000 estimate; the Registrar erred by excluding pre-wasted-costs steps. The Registrar also had no power to award costs for second counsel absent the Judge's direction. Disbursements reasonably incurred in the High Court prior to 23 May 2016 are to be included and then adjusted by the $88,000 deduction as direct…