Iba Limited v Stanley's Nightclub Limited

Iba Limited sought a review of a decision by the High Court, appealing against the decision on the costs awarded in the proceedings. The appeal was against Stanley’s Nightclub Limited and Stanley Frederick Gordon, the first and second respondents. The case was heard by William Young P, Robertson and Arnold JJ. The legal issues before the court were whether the appellant was entitled to solicitor and own client costs in the High Court and Court of Appeal and if so, whether the quantum of those costs was appropriate. The court found that the appellant was entitled to such costs but that the respondents were entitled to challenge the quantum. The court directed that the bills of costs be referred to the Auckland District Law Society for revision under the Law Practitioners Act 1982. The court also reserved leave for the parties to revert to the Court as to final orders. The court awarded the appellant costs on a solicitor and own client basis in the High Court and Court of Appeal and directed that the bills of costs relied on by the appellant be referred to the Auckland District Law Society for revision. The court also noted that if the appellant had received GST input tax credits in relation to the GST component of the costs and disbursements, there could be no double recovery under this award.