ASB Bank Limited v Robertson

[2012] NZHC 1949

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-0910 [2012] NZHC 1949

BETWEEN  ASB BANK LIMITED Plaintiff

ANDROSS ARTHUR ROBERTSON First Defendant

ANDCANDACE ANN ROBERTSON Second Defendant

Hearing:         On the Papers

Appearances: N Moffatt for Plaintiff

First and Second Defendants in Person

Judgment:      6 August 2012

COSTS JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 6 August 2012 at

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

N Moffatt, Bell Gully, Auckland:  [email protected]

R Robertson, Auckland:  [email protected]

LawesLaw, Orewa:  [email protected]

ASB BANK LIMITED V ROBERTSON & ANOR HC AK CIV-2012-404-0910 [6 August 2012]

[1]      On  5 July 2012  I  entered  summary  judgment  against  the  defendants.[1]      I directed that the defendants should pay the plaintiff’s costs calculated in accordance with the provisions of clause 16.8 of the standard terms and conditions attached to the two loan agreements which gave rise to the debt for which judgment was entered.

[1] ASB Bank Ltd v Robertson & Anor HC Auckland [2012] NZHC 1587, 5 July 2012.

[2]      I reserved leave to the parties to apply for further orders in the event of any dispute as to the appropriate amount of costs.

[3]      The plaintiff has filed the affidavit of a solicitor who has calculated the costs in terms of the order which I made.   The defendants were asked to confirm their agreement with the calculations in a letter dated 12 July 2012, but they have not responded to that invitation.

[4]      In the circumstances, I direct that the first and second defendants shall pay the plaintiff costs of $18,781.00 and disbursements of $1,360.31.

........................................

Toogood J