Archibald Hamish Morrison Allison and Paul Arie Van Dorsten v Uatar Management Services Limited

[2000] NZCA 130

IN THE COURT OF APPEAL OF NEW ZEALAND CA 146/98

BETWEEN	ARCHIBALD HAMISH MORRISON ALLISON AND PAUL ARIE VAN DORSTEN
First Appellants

AND	UATAR MANAGEMENT SERVICES LIMITED
Second Appellant

AND	KPMG PEAT MARWICK
First Respondent

AND	HOLMAN CONSTRUCTION LIMITED
Second Respondent

Coram:	Thomas J Keith J Tipping J
Appearances:	B P Keene and P G Brown for First and Second Appellants H C Keyte QC and K W Berman for First Respondent R H Hansen QC and B T P Cullen for Second Respondent
Judgment:	18 July 2000

JUDGMENT OF THE COURT AS TO COSTS DELIVERED BY TIPPING J

1. The second respondent has applied for costs against the appellants.  In our principal judgment we indicated that we were inclined to leave costs lying where they fell. 

2. But having considered the submissions on both sides, we have reached the view that the second respondent should have an award of costs against the appellants.  We fix the amount at $5000 plus disbursements including the reasonable travel and accommodation expenses of both counsel, to be fixed if necessary by the Registrar.  Order accordingly.

SOLICITORS

Morrison Kent, Auckland for First and Second Appellants
Kensington Swan, Auckland for First Respondent
McCaw Lewis, Hamilton for Second Respondent