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Altan v Wallace [2018] NZDC 20130

Published 27 August 2019

Costs — District Court Rules, rr 14.1, 14.3, 14,.4 & 14.5. The parties appeared in Court having failed to reach an agreement on costs, following a successful claim by the plaintiff. The plaintiff submitted that as the successful party, he was entitled to costs in the usual way, on a 2b basis. The defendant submitted that reduced costs and a discount of 50 percent were appropriate, as the plaintiff was only successful on two of three causes of actions and not successful to the extent claimed in the third cause of action. Further, the defendant objected to the delays and drawn out proceedings by the plaintiff that, she argued, escalated the costs involved. The Judge held that there should be 80 percent discount to the usual scale of costs, leaving costs of $39,227.02 plus disbursements, making the total payable to the plaintiff at $50,897.10. Judgment Date: 27 September 2018.

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