Published 06 October 2021
Costs — settled claim — District Court Rules 2014, rr 14.6 & 14.7. This hearing was to determine an application for costs by the plaintiff. The plaintiff had filed proceedings against the first and second defendants for compensation for his vehicle, which was written off in a collision caused by the first defendant. The claim against the second defendant company had failed as the first defendant had been driving the company vehicle on the day of the accident, but not as an employee of the company or in the course of her employment. No costs could be awarded for this claim as the plaintiff had been unsuccessful and the second defendant unrepresented. The claim against the first defendant for $70,000 had been settled for an amount of $40,000 and costs were sought for this case. The plaintiff sought costs on a category 2 scale, with an uplift for a dilatory approach to the proceedings on the part of the first defendant in that she raised a hopeless defence. The Judge did not accept the submission that the first defendant took a dilatory approach, and the request for increased costs was declined. As the settlement amount was approximately half of the amount claimed by the plaintiff and claims of special damages were abandoned during the settlement negotiations, the Judge also concluded that it was not appropriate to make an award of costs in favour of the plaintiff. Costs were to lie where they fell. Judgment Date: 26 January 2021.
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