Driver v Radio New Zealand Ltd

Denise Driver brought an action against Radio New Zealand Limited, Stuff Limited, Television New Zealand Limited, and Mediaworks Holdings Limited in the High Court of New Zealand, Wellington Registry. The matter involved interlocutory applications, including an application for security for costs, an application to strike out affirmative defences, and a discovery application. The defendants sought costs from the plaintiff, arguing that they were entitled to costs on a 2B basis with a substantial uplift due to the plaintiff's unreasonable actions.

The court considered the defendants' request for an uplift on the 2B costs, which they sought based on the plaintiff's unsuccessful applications and their resistance to the discovery application. The court noted that while the defendants were successful, the philosophy behind the costs regime is predictability, and the court should resist making orders for increased costs unless in exceptional circumstances. The court found that the plaintiff's actions did not justify an increased costs award.

After considering the arguments and the nature of the proceedings, the court ruled that the plaintiff should pay the defendants' scale costs of $14,101 and disbursements of $2,351.20, for a total of $16,452.20. The court also noted that any settlement agreements between the plaintiff and the defendants were contractual matters and not relevant to the costs order. Finally, the court ordered that the security for costs paid by the plaintiff to the Registrar be released, as previously ordered on 8 December 2020.