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Whittome v Taupo Tennis Club [2023] NZDC 9589

Published 12 June 2024

Costs — claims struck out — uplifts. The Court had previously struck out the plaintiff's claims against three defendants, and had found that the defendants were entitled to costs. In making this decision, the Court noted that the plaintiff had received a warning in a case management conference that if she continued with the proceedings she would likely be found liable for costs. The defendants submitted that their costs had escalated sharply since the case management conference, given that the plaintiff had filed multiple versions of her statement of claim and the statements of claim were difficult to read and understand. They noted further that the plaintiff had ignored multiple opportunities to withdraw her claims without being liable for costs. The plaintiff opposed costs, maintaining that her claims had been worthy and that the defendants were using the issue of costs to prevent her from having access to justice. The Court noted that it had already found the defendants entitled to costs. It duly awarded each of the defendants costs and disbursements as sought, with uplifts for the fact that the plaintiff had ignored an offer to withdraw her claim and for the fact that her claims against the second and third defendants had been without merit. Judgment Date: 19 May 2023