In Strathboss Kiwifruit Ltd & anor v Attorney General  NZHC 62 the High Court (Mallon J) considered an application for costs by Strathboss and Seeka subsequent to a hearing that found MAF/MPI was negligent in relation to PSA that affected kiwifruit orchards in 2010. There is to be a separate hearing about quantum. The plaintiffs sought costs of $1,715,088 and disbursements of $900,723.64 of which $449,124.69 was for experts. The Crown said costs should not be determined pending appeals and/or any payment should be deferred pending appeals. The appeal is scheduled to be heard 11 March 2019. The fact that there was a litigation funder was not relevant. The Crown said that any costs award should be reduced by 30% because the plaintiffs failed on 2 causes of action. The Court said that it was common for a successful party to fail on some aspects of their claim and the failures did not substantially increase the Crown’s costs. Of interest the court awarded 4 days per witness statement for preparation and 1.5 days preparation for each day of trial. The plaintiffs position on costs was substantially upheld and the Court awarded costs claimed with minor adjustments.
0 0 Grant Shand Grant Shand2019-02-19 01:15:262019-02-19 01:16:30Kiwifruit claimants awarded costs against Crown