Alexander v Southern Response Earthquake Services Limited

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.

CaseChat Overview and Summary

The case of Alexander v Southern Response Earthquake Services Limited was heard by the High Court of New Zealand in Christchurch. The plaintiffs, David James Alexander, Katarina Jane Alexander, and Estuary Trustees Limited, filed a proceeding against the defendant, Southern Response Earthquake Services Limited. The nature of the dispute involves the assessment and payment of wasted costs and costs incurred during the filing of an application for wasted costs.

The legal issues before the court were primarily concerned with determining the appropriate quantum of wasted costs and costs for the application, as well as addressing the GST neutrality of scale costs. The defendant submitted a memorandum seeking compensation for these costs, to which the plaintiffs' solicitors indicated no opposition.

The court examined the memorandum and found it satisfactory in all respects except for the inclusion of GST in the scale costs. The court ruled that scale costs should be GST neutral. Consequently, the court ordered the plaintiffs to pay the defendant the specified sums for wasted costs and the costs associated with the application for wasted costs, both excluding and including GST as appropriate. The final orders reflect the court’s decision on the quantum of the costs to be paid by the plaintiffs to the defendant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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