Alpine Sun Limited v Hortiventure Limited

[2016] NZHC 2521

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2014-409-000866 [2016] NZHC 2521

UNDER	the Property Law Act 2007
BETWEEN	ALPINE SUN LIMITED Applicant
AND	HORTIVENTURE LIMITED Respondent

Judgment:                21 October 2016

JUDGMENT OF COLLINS [Costs]

Introduction

[1]      On 8 September 2016, I struck out an application for early possession by Alpine Sun Ltd (Alpine).  In doing so I awarded costs in favour of Hortiventure Ltd (Hortiventure) on a scale 2B basis.

[2]      The parties returned to the Court to seek rulings in relation to aspects of the costs order which I made.

[3]      I will deal succinctly with each of the issues.

Costs on costs

[4]      Mr Summerlee, counsel for Hortiventure, asks for $892 for costs in relation to the costs memorandum.

[5]      There is no absolute bar on costs.1

1      Tyre Collection Services Ltd v Le Roy [2016] NZHC 898; TTAH Ltd v Koninklijke Ten Cate NV

[2016] NZHC 761.

ALPINE SUN LIMITED v HORTIVENTURE LIMITED [2016] NZHC 2521 [21 October 2016]

[6]      I  can  see  no  reason  for  costs  to  be  awarded  in  relation  to  the  costs memorandum in this case.  The memorandum is appropriately brief.  I am reluctant to award costs on a costs application in part because it leads to an infinite spiralling loop of costs applications.

Bundle

[7]      There  is  a  dispute  about  who  prepared  the  bundle  for  the  strike-out application.

[8]      Hortiventure says it prepared the common bundle.

[9]      In my assessment, while Hortiventure may have taken some steps to prepare items that would go into a bundle, it seems that Alpine actually assembled the final version of the bundle, printed it and added in significant portions.

[10]     In my assessment, at most, Hortiventure should get only one-quarter of the costs for this step.

Opposition to early possession application and supporting affidavit

[11]     Ms Meares, counsel for Alpine is correct when she says the proper award for a notice in opposition and supporting affidavit is $3,980 as per item  38 in the schedule.   Hortiventure is entitled to 75 per cent of $3,980 to reflect the fact that

25 per cent was awarded in the stay application.

Solicitors:

Wynn Williams, Christchurch for Applicant

Parry Field Lawyers, Christchurch for Respondent

D B Collins J