Filipino Link Ltd v NZ Business [2017] NZDC 28759

Published 24 January 2019

Application to dismiss proceedings for want of prosecution — application for costs — inaction by party — costs on discontinuance — failure to reach agreement in relation to costs — District Court Rules 2014, r 15.2 — Ng v Pauatahanui G S Ltd [2014] NZHC 3396. The court was asked by the second defendant to dismiss the proceedings for want of prosecution, and to award costs in respect of the matter. All other aspects of the proceeding had been discontinued. The court examined the history of the case and concluded that it was apparent that the plaintiffs did not intend to continue to trial with the matter and the application to dismiss must be granted. The court approached the question of costs on the basis that they were for discontinuance, despite a failure by the plaintiffs to discontinue the proceedings. The court adopted the same approach as in Ng v Pauatahanui and noted that the court was not in a position to determine the merits of the case due to a lack of information made available. The second defendant was awarded costs on a 2B basis, to be adjusted to reflect the legal aid rate, to cover certain steps that he had taken in the proceedings and $2,000 to be paid by the first and/or second plaintiffs. Judgment Date: 19 December 2017.

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