Bank of New Zealand v Purdon

[2019] NZHC 1148

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2019-409-160

[2019] NZHC 1148

UNDER

the Property Law Act 2007

IN THE MATTER

Of an application for summary judgment and vacant possession

BETWEEN

BANK OF NEW ZEALAND

Plaintiff

AND

SALLY ANN PURDON and ANDREW

COLIN PEACOCK as trustees of the S R and S A Purdon Family Trust

First Defendants

AND

SALLY ANN PURDON

Second Defendant

Hearing:

(Determined on the Papers)

Counsel:

C F Olds for Plaintiff

L A Merrick for A C Peacock
S A Purdon (as First and Second Defendant in her personal capacity)

Judgment:

23 May 2019

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Costs)

[1]    The background to the plaintiff’s claim in this proceeding is set out in the Judgment of Osborne J dated 14 May 2019.1

1      Bank of New Zealand v Purdon [2019] NZHC 1056.

BANK OF NEW ZEALAND v PURDON [2019] NZHC 1148 [23 May 2019].

[2]    His Honour at [14](c) of that judgment set out how the issue of the plaintiff’s reasonable solicitor-client costs and disbursements were to be dealt with, such costs payable under the provisions of the home loan facility between the parties.

[3]    In summary, the parties were to see if agreement could be reached on the costs and disbursements figure, failing which the Court would set costs after considering memoranda.

[4]    His Honour’s judgment records at [15] that Ms Purdon requested that in relation to her family trust (the first defendant) that all discussions in relation to the reasonableness of solicitor-client costs be with her alone. That request was sanctioned with His Honour making a direction accordingly.

[5]    Counsel for the plaintiff has filed a memorandum dated 21 May 2019 recording that counsel has conferred with Ms Purdon regarding the costs and that Ms Purdon agrees with the amount of solicitor-client costs sought by the plaintiff in the plaintiff’s memorandum of 14 May 2019.

[6]    With the parties having reached an agreement as contemplated by the orders made at para [14](c) of the judgment of 14 May 2019, there is an order that the first and second defendants pay to the plaintiff costs in this proceeding of $17,408.00 and disbursements of $1,557.39.

Associate Judge Lester

Solicitors:

Buddle Findlay, Christchurch Duncan Cotterill, Nelson