High threshold to succeed on appeal against costs awards
Nikau v Te Rongomau - Whangape Parish Lot 23B (Horahora Marae) (2012) 2012 Māori Appellate Court MB 300 (2012 APPEAL 300)
Māori Appellate Court 1 June 2012
The Māori Appellate Court dismissed an appeal against a costs award. No grounds were made out to disturb the lower court's award of 70% of the actual costs of the successful party. The Court observed that it would be helpful in considering costs to know what scale costs in the High Court would be for equivalent proceedings. The Court also observed that a good case can be made for ordering security against costs on costs appeals.
Download Nikau v Te Rongomau - Whangape Parish Lot 23B (Horahora Marae) (2012) 2012 Māori Appellate Court MB 300 here. (132kb PDF) read more
Costs – costs should follow the event – Manuirirangi v Paraninihi Ki Waitotara Inc
Manuirirangi v Paraninihi Ki Waitotara Inc – Paraninihi Ki Waitotara
Māori Appellate Court (2002) 15 Aotea Appellate MB 64 (15 WGAP 64)
27 August 2002
An order that costs should lie where they fell made by the Deputy Chief Judge, exercising the Chief Judge's powers, was successfully appealed. Costs should follow the event. The Māori Land Court has a role in facilitating ongoing amicable relationships, especially where the parties are whānau to each other, which can render awards of costs inappropriate. However, the parties here were shareholders and a large, experienced and well resourced Incorporation. Fault was an irrelevant consideration.
Download Manuirirangi v Paraninihi Ki Waitotara Inc – Paraninihi Ki Waitotara here (1.7 MB PDF). read more