Attfield v NZLF Limited

Sydney Earl Attfield commenced proceedings against NZLF Limited to have a caveat removed. The High Court of New Zealand heard the matter and granted an order for the caveat to be removed, reserving for later determination the issue of costs. The applicant sought costs on a solicitor/client basis, along with disbursements. The respondent did not file any submissions in relation to costs. The court calculated the costs and disbursements at $11,785 and $1,735.90 respectively. The applicant's solicitor also claimed an additional fee of $2,300 for the attendance of a solicitor who had to give evidence. The court rejected this claim, stating that the fee was not recoverable as an expert witness fee.

The court considered whether the applicant should recover increased costs, pursuant to High Court Rules 14.6(3)(b) and (d). The respondent mounted its opposition on several grounds, none of which established that it had a reasonably arguable case for the interest claimed in its caveat. The court found that the respondent's arguments lacked merit and contributed unnecessarily to the time and expense of the proceeding. The court also found that the respondent's approach to the evidence of the applicant caused the applicant to incur additional costs. Based on these findings, the court granted the applicant's request for increased costs.

The court ordered that the respondent pay the applicant's costs of the application, which it fixed at $21,000, together with disbursements in the sum of $1,735.90. The court determined that the just outcome was to grant an uplift of approximately 80 per cent over a 2B calculation, taking into account the extent of evidence required and the calling of witnesses. The court noted that the awarded figure remained below the actual fees incurred by the applicant.