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Mt Roskill Cash n Carry Ltd TA Gilmours Mt Roskill v Casino Bar No 4 Ltd TA Calandar Girls Whiskey Lounge [2016] NZDC 12738

Published 14 December 2016

Ability to recover costs on a contractual basis — New Zealand Venue and Event Management Ltd v Worldwide NZ LLC [2016] NZCA 282 — Black v ASB Bank Ltd [2012] NZCA 384 — District Court Rules 2014, r 14.6(4)(e). The plaintiff was awarded costs against the first and second defendant's of $28,381.03 plus $1157 for costs of preparing memorandum and sealing judgment and $3498.02 disbursements. The Judge found the amount claimed was reasonable and fell within the clause of the contract that the parties' had agreed to meaning the plaintiff had established a contractual right to the costs. The ability of the plaintiff to recover costs on a contractual basis was established most notably in "Black". The Judge stated that while "Black" was referring to the High Court Rules, the principle remains the same under the District Court Rules. The plaintiff originally sought higher costs but adjusted the amount to remove GST following the decision of "Event Management v Worldwide NZ". Judgment Date: 9 September 2016.

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