Appleton v Tauranga Law

[2015] NZCA 184

IN THE COURT OF APPEAL OF NEW ZEALAND

CA858/2011
[2015] NZCA 184

BETWEEN	JOHN APPLETON AND NATALIE MARIE RYAN AS TRUSTEES OF THE APPLETON FAMILY TRUST First Appellant
JOHN APPLETON Second Appellant
AND	TAURANGA LAW Respondent

Court:

O'Regan P, French and Winkelmann JJ

Counsel:

D W Grove for Appellants
P J Napier and A K Hyde for Respondent

Judgment:

(On the papers)

21 May 2015 at 10.00 am

JUDGMENT OF THE COURT

The appellants must pay the respondent the costs and disbursements that have been agreed by the parties for a standard appeal on a band A basis with usual disbursements without any allowance for second counsel.

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REASONS OF THE COURT

(Given by French J)

1. On 6 September 2013, we allowed an appeal by the appellants against a decision of the High Court.[1]

   [1]Appleton v Tauranga Law [2013] NZCA 420, [2013] 3 NZLR 777.

2. On 19 February 2015, the Supreme Court set aside our judgment including a costs order we had made in favour of the appellants.[2]

   [2]Tauranga Law v Appleton [2015] NZSC 3.

3. The Supreme Court further directed that if the parties could not agree on costs in this Court, then we were to set costs in light of the Supreme Court judgment.

4. The parties have been able to agree on costs except on the issue of whether there should be an allowance for second counsel as claimed by the now successful respondent.

5. In our view, the claim for second counsel is not justified.  This was a relatively simple appeal which turned essentially on its facts. It did not occupy significant hearing time.

6. We therefore decline to certify for second counsel.

7. We order that the appellants must pay the respondent the costs that have been agreed for a standard appeal on a band A basis with usual disbursements without any allowance for second counsel.

Solicitors:
Ellis Law, Auckland for Appellants
Keegan Alexander, Auckland for Respondent