Auto Sounds and Alarms Limited (in receivership and liquidation) v Crone

[2013] NZHC 1912

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2011-404-007325 [2013] NZHC 1912

BETWEEN  AUTO SOUNDS AND ALARMS LIMITED (IN RECEIVERSHIP AND LIQUIDATION)

First Plaintiff

GRAEME WILLIAM MILLS AND KAREN ANN MILLS

Second Plaintiffs

ANDSTEPHEN CRONE First Defendant

SCITUATE LIMITED Second Defendant

Hearing:                   9-12, 16-19 and 22-23 April 2013

Counsel:                  PJ Dale and LT Meys for Plaintiffs

G Bogiatto and GS Aulakh for Defendants

Judgment:                31 July 2013

JUDGMENT OF ASHER J (Costs)

This judgment was delivered by me on Wednesday, 31 July 2013 at 3pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

Neilsons Lawyers Ltd, Auckland.

P Dale, Auckland.

G Bogiatto, Auckland.

AUTO SOUNDS AND ALARMS LTD (IN RECEIVERSHIP AND LIQUIDATION) v CRONE [2013] NZHC

1912 [31 July 2013]

[1]      I thank counsel for their memoranda in relation to the experts’ costs.  As I understand it the only issue that I have to determine is the quantum of the costs of Mr Basrur.  His fees total $56,580 whereas the fees of the other experts retained by the defendants come to $31,605.46 and $26,107.75 respectively.

[2]      From my perspective I could see no material difference in the level of input between the three experts.  I am therefore of the view that the disbursement awarded for Mr Basrur’s fees should be commensurate with the fees of the other two experts.

[3]      I fix Mr Basrur’s fee as a disbursement in the proceeding at $30,000 plus

GST.

……………………………..

Asher J