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Janette Ajani v Christine Woods [2016] NZDC 17350

Published 02 February 2017

Disbursements — costs in interlocutory applications — District Courts Rules 2014, rr 14.1, 14.8 and 14.12 — paying for expert witness — Air New Zealand v Commerce Commission [2007] 2 NZLR 494. The plaintiffs had succeeded in part in an earlier decision. This decision addressed the reserved question of disbursements, which the plaintiffs sought to have awarded against the defendants jointly and severally. The defendants sought to have the Plaintiff's application for costs (disbursements) dismissed, order for costs reversed and damages. Rule 14.8 states that subject to the overriding discretion of the Court, costs on interlocutory applications are fixed and payable when they are fixed regardless of the ultimate success of the litigation. The only provision for reviewing the award of costs is if the particular order is later found to have been wrongly made. The Judge was not prepared to discharge a varying order for costs as nothing suggested the granting of the interim injunction was wrongly made. Regarding disbursements, the question of paying for an expert witness arose. It was noted that when properly calculated, the plaintiff is normally entitled to full costs of its expert ("Air New Zealand"). The amounts must be reasonable. It was found that the bill for costs of litigation was allowed, but not a bill that related to general work done on the property boundary. The first plaintiff was solely liable for the disbursements as although the second defendant was named, he had taken no steps in the proceedings and as a result the Judge did not consider he should be liable for any part of the disbursements. Judgment Date: 8 September 2016.

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