IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV-2008-409-348 [2013] NZHC 3452
BETWEEN ERIC MESERVE HOUGHTON Plaintiff
AND TIMOTHY ERNEST CORBETT SAUNDERS, SAMUEL JOHN MAGILL, JOHN MICHAEL FEENEY, CRAIG EDGEWORTH HORROCKS, PETER DAVID HUNTER, PETER THOMAS and JOAN WITHERS
First Defendants
CREDIT SUISSE PRIVATE EQUITY INC (FORMERLY CREDIT SUISSE FIRST BOSTON PRIVATE EQUITY INC)
Second Defendant
CREDIT SUISSE FIRST BOSTON ASIAN MERCHANT PARTNERS LP
Third Defendant
FIRST NEW ZEALAND CAPITAL Fourth Defendant
FORSYTH BARR LIMITED Fifth Defendant
On papers
Judgment: 18 December 2013
JUDGMENT OF DOBSON J (Defendants’ costs claims for interlocutory hearings, July-September 2013)
HOUGHTON v SAUNDERS [2013] NZHC 3452 [18 December 2013]
Introduction
[1] The defendants have applied for costs on a category 3B basis in respect of the steps taken for the hearing of interlocutory arguments in July, August and September
2013. The main areas of dispute are:
(a) the extent to which the defendants were successful in relation to the orders sought;
(b) the level of costs claimed by each defendant, including the choice of
3B instead of 2B scale for all steps, and the likelihood of duplication amongst defendants.
The extent to which the defendants were successful
[2] The general principle governing costs is that costs should follow the event, and be awarded to a successful party against an unsuccessful party.1 All matters regarding costs are at the Court’s discretion,2 and departures from the normal range should be accompanied by reasons.3
[3] The majority of the interlocutory orders sought by the defendants were granted, and the plaintiff ’s application to have Hunter Hall’s claims heard at the first stage of the trial was not granted. However, each of the applications needs to be dissected in more detail to determine the extent to which the defendants were successful.
[4] The plaintiff disputed the extent of duplication, both in preparation for, and appearances on, the various applications. My overall impression was that the applications reflected the defendants dragging a somewhat reluctant plaintiff to the barrier on the various obligations for interlocutory progress with the proceedings. The extent of opposition on behalf of the plaintiff to some of the defendants’
applications tended to lessen shortly before, or during, hearings. That was certainly
1 High Court Rules, r 14.2(a).
2 High Court Rules, r 14.1.
3 Manukau Golf Club Inc v Shoye Venture Ltd [2012] NZSC 109, [2013] 1 NZLR 305 at [16].
the case in relation to applications for further particulars of the plaintiff ’s statement of claim.
Application for further discovery
[5] My relevant judgment identified three categories of documents that were still disputed: the opt-in forms, the electronic data, and the JAFL documents.4 The applications were pursued by the first, second and third defendants.
[6] Discovery of the opt-in forms and the JAFL documents was ordered, but the plaintiff was not required to pay for transforming the electronic data it had provided to the defendants into a readable format. The defendants were therefore successful in respect of two out of three categories of documents…
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