IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CIV-2024-488-57
[2025] NZHC 2101
BETWEEN PARASHAKTI LIMITED
First plaintiff
OSH ENTERPRISE LIMITED
Second plaintiffAND
CHIRAG NARESHKUMAR MANGUKIYA
First defendant
ANKITA CHIRAG MANGUKIYA
Second defendantRIVA ENTERPRISE LIMITED
Third defendantContinued overleaf
Hearing: On the papers Counsel:
J A Browne for plaintiffs and counterclaim defendants R J Bowden for defendants and counterclaim plaintiffs
Date of judgment:
30 July 2025
JUDGMENT OF JAGOSE J
[Costs]
This judgment was delivered by me on 30 July 2025 at 3.00pm.
Pursuant to Rule 11.5 of the High Court Rules.
………………………… Registrar/Deputy Registrar
Counsel/Solicitors:
R J Bowden, Barrister, Whangārei Henderson Reeves, Whangārei Savage Law, Whangārei
PARASHAKTI LTD v MANGUKIYA - Costs [2025] NZHC 2101 [30 July 2025]
RAMDEVPIR ENTERPRISE LIMITED
Fourth defendant
MEHANDROO & SONS LIMITED
Fifth defendant
AND COUNTERCLAIM
BETWEENCHIRAG NARESHKUMAR MANGUKIYA
Plaintiff
SNEHAL SURESH BHAI PATEL
First defendantOSH ENTERPRISE LIMITED
Second defendantUSHMABEN SNEHAL PATEL
Third defendant
[1] My 15 April 2025 decision—discharging the plaintiffs’ freezing order against the defendants and dismissing the defendants’ applications for freezing orders and summary judgment—observed:1
While the defendants may be described the successful parties for costs purposes, in having obtained my discharge of the freezing order, I consider that wholly is outweighed by their comprehensive lack of success on the other applications (including for freezing orders on no better foundation than that obtained against them).
In my preliminary view, summary judgment applications in the circumstances I have described them were at least ambitious, if not misguided. Nonetheless, I am not quite at the point of considering the defendants should pay increased costs for any unnecessary contribution to the time or expense of this step in the proceeding because I cannot say their argument was entirely without merit. Instead, I consider 2B costs should be paid jointly and severally by the defendants jointly to the plaintiffs.
Otherwise, I reserved costs for determination on memoranda to be filed.2
1 Parashakti Ltd v Mangukiya [2025] NZHC 884 at [23]–[24] (citation omitted).
2 At [25].
[2] The plaintiffs submit the parties’ equal lack of success on the freezing orders means any costs liability there is cancelled out. On the summary judgment balance, despite conceding their “[a]ctual costs are lower than scale costs on a 2C basis”, the plaintiffs instead propose a 25 per cent uplift on 2C costs in respect of their opposition: band C on the basis of the volume of material filed by the defendants; uplifted to reflect the lack of merit for summary judgment given the scope of dispute.
[3] Largely on the basis of an extended justification of evidence obtained in the proceeding, the defendants respond they should be awarded indemnity costs on their success in obtaining the freezing order’s discharge, discounted by 2B costs payable on their reciprocal failure to obtain freezing orders, with summary judgment costs reserved in accordance with r 14.8(3) of the High Court Rules 2016.
[4] Rule 14.8(3) provides the standard rule—costs on interlocutory…
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- Case
- [2025] NZHC 2101
- Decision Date
CaseChat Overview and Summary
The court found that while the defendants' success in discharging the plaintiffs' freezing order was significant, it was offset by their overall lack of success in other applications. The court was critical of the defendants' summary judgment applications, noting they were ambitious and misguided. Despite this criticism, the court did not deem the applications to be entirely without merit, which precluded an increased costs penalty. The court ruled that the defendants should pay 2B costs to the plaintiffs for their lack of success on their applications. The court also rejected the plaintiffs' claim for indemnity costs, finding their opposition to the defendants' applications was not excessive. Finally, the court disallowed the plaintiffs' claim for disbursements related to obtaining an affidavit, as it was not recoverable without the court's approval and the expense incurred was not justified.
The court's decision resulted in an order that the defendants pay the plaintiffs $9,129 in 2B costs and disbursements. This decision highlights the importance of proportionality and merit in determining costs in complex litigation, particularly in interlocutory applications.
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