Edel Metals Group Limited v Geier Limited

Edel Metals Group Limited (EMG) sued Geier Limited and the Genset Trust in the High Court of New Zealand. The Genset Trust was represented by Michael Jacomb, Trena Jacomb and Peter Richardson as trustees. The High Court struck out EMG's claim against the Genset Trust. The Genset Trust sought indemnity costs. The High Court awarded the Genset Trust a sum of $847,031.79 in indemnity costs, and left other costs unresolved. The Court of Appeal held that the costs awarded were proper but that the High Court had not properly reviewed the reasonableness of the costs claimed. The Court of Appeal remitted the matter to the High Court to reconsider and fix the amount properly claimable as indemnity costs. The Genset Trust now sought $1,015,930.76 in costs, and EMG and Mr Sorensen argued that a reasonable award would not exceed $275,000. The High Court considered the steps taken in the proceeding and the time reasonably required to complete those steps, allowing for additional time for research and incidental attendances. The High Court awarded the Genset Trust $693,323.45 in costs and disbursements.