Advanced Creative Technologies Limited v D4 Cash Investors Limited

[2018] NZCA 479

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA77/2018
 [2018] NZCA 479

BETWEEN	ADVANCED CREATIVE TECHNOLOGIES LIMITED Appellant
AND	D4 CASH INVESTORS LIMITED Respondent

Court:	Asher, Brewer and Thomas JJ
Counsel:	A M Swan for Appellant H M Z Ford and S C Laing for Respondent
Judgment: (On the papers)	6 November 2018 at 3 pm

JUDGMENT OF THE COURT
AS TO COSTS

The appellant must pay the respondent costs for a standard appeal on a band A basis and usual disbursements.

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REASONS OF THE COURT

(Given by Asher J)

1. This appeal was dismissed.[1]  At the respondent’s request the question of costs was reserved.  The judgment recorded:

   The respondent is entitled to costs.  On Ms Ford’s indication that increased costs is an issue, the respondent is to file and serve a memorandum regarding costs within 15 working days of the date of delivery of this judgment.  The appellant is to file and serve a memorandum within 15 working days of the date of service of the respondent’s memorandum.

   [1]Advanced Creative Technologies Ltd v D4 Cash Investors Ltd [2018] NZCA 379.

2. Ms Ford for the respondent has now indicated that increased costs are not sought. 

3. Costs will accordingly follow the event.  The appellant must pay the respondent costs for a standard appeal on a band A basis and usual disbursements. 

Solicitors:
WebsterLaw, Auckland for Appellant
Cook Morris Quinn, Auckland for Respondent