Self-Realization Mediation and Healing Centre Charitable Trust (New Zealand) v IAG New Zealand Limited

The High Court of New Zealand considered an application to set aside third-party notices in Self-Realization Meditation and Healing Centre Charitable Trust (New Zealand) v IAG New Zealand Limited. The plaintiff sought to set aside third-party notices, and the defendant, IAG New Zealand Limited, opposed the application. Several third parties were also involved in the dispute. The Court found in favour of the plaintiff and set aside the third-party notices. The case then proceeded to consider the issue of costs.

The legal issues before the court were whether the costs of the interlocutory application should be paid immediately or reserved until the outcome of a review application. Additionally, the court had to determine if any of the third parties were entitled to increased costs due to the defendant's conduct during the proceedings.

The court found that the costs of the interlocutory application had not been fixed in accordance with the High Court Rules, and therefore, they did not become payable immediately. The court observed that there was a special reason, in the form of an application for review, which warranted reserving the costs until the outcome of the review application. The court also found that there was no basis for awarding increased costs to any of the third parties, as the defendant's conduct did not warrant such an award under the High Court Rules.

The court ordered that the defendant, IAG New Zealand Limited, pay the costs of the interlocutory application to each of the fourth and fifth third parties, which were fixed at $23,826.73 each, but the costs would not become payable until further order of the Court, with leave reserved for the parties to apply for further direction in the event no order was made in relation to these costs upon the determination of the defendant's review application.