Alexander v Southern Response Earthquake Services Limited

[2020] NZHC 1939

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2018-409-000694

[2020] NZHC 1939

BETWEEN

DAVID JAMES ALEXANDER, KATARINA JANE ALEXANDER and ESTUARY TRUSTEES LIMITED as

trustees of the DAKA Trust Plaintiffs

AND

SOUTHERN RESPONSE EARTHQUAKE SERVICES LIMITED

Defendant

Hearing:	Determined on the papers
Counsel:	P J Woods and K L Vilsbaek for Plaintiffs R J Hargreaves for Defendant
Judgment:	5 August 2020

COSTS JUDGMENT OF ASSOCIATE JUDGE PAULSEN

This judgment was delivered by me on 5 August 2020 at 11.00 am pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

ALEXANDER v SOUTHERN RESPONSE EARTHQUAKE SERVICES LTD [2020] NZHC 1939 [5 August 2020]

[1]                 In an interim judgment of 10 July 2020, I held the defendant was entitled to wasted costs in this proceeding and required further information to assess quantum. The defendant filed a memorandum dated 15 July 2020 seeking a sum for wasted costs and costs for filing the application for wasted costs. The plaintiffs’ solicitors confirmed by email to the Registry on 27 July 2020 that there is no opposition to what has been sought by the defendants.

[2]                 I have considered the defendant’s counsel’s memorandum and am satisfied with it except in one respect. I consider that scale costs are GST neutral.1

Result

[3]I order that the plaintiffs shall pay to the defendant:

[a]wasted costs and disbursements in the sum of $1,620.50 excluding GST (or $1,863.58 including GST); and

[b]costs for filing the application for wasted costs and a teleconference appearance on a 2B basis, totalling $1,673.

O G Paulsen Associate Judge

Solicitors:

Anthony Harper, Christchurch for Plaintiffs Wynn Williams, Christchurch for Defendant

1      New Zealand Venue and Event Management Ltd v Worldwide NZ LLC [2016] NZCA 282, (2006) 27 NZTC 22-058.