Banora v Auckland Council
[2022] NZHC 3200
•1 December 2022
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2022-404-418
[2022] NZHC 3200
UNDER Rule 20.4 of the High Court Rules 2016 BETWEEN
ALEXANDER BANORA and EMANUELLA BANORA
Applicants
AND
AUCKLAND COUNCIL
Respondent
Hearing: On the Papers at Auckland Judgment:
1 December 2022
JUDGMENT OF POWELL J
[Costs]
This judgment was delivered by me on 1 December 2022 at 11.30 am.
Pursuant to R 11.5 of the High Court Rules.
…………………..
Registrar/Deputy Registrar
Solicitors:
DLA Piper, Auckland
BANORA v AUCKLAND COUNCIL [2022] NZHC 3200 [1 December 2022]
[1] On 18 October 2022 I dismissed an application for special leave to appeal a District Court judgment, two associated costs judgments, and a costs minute.1 At the end of my judgment I ordered the respondent, Auckland Council, costs on a 2B basis. The Council was directed to file and serve a memorandum setting out the details of any costs claimed whereupon the unsuccessful applicants, Mr and Mrs Banora, were given the opportunity to “challenge any of the particular items claimed”. Specifically, they were directed to file and serve their own memorandum within a further 10 working days of the date of service of the Council’s memorandum.2
[2]The Council has filed its memorandum as directed and has sought costs of
$8,604 together with disbursements of $110, a total of $8,714.
[3] Despite further follow up by the Registry, Mr and Mrs Banora have taken no steps to challenge the costs sought by the Council.
[4] In the circumstances and having checked the amounts sought by the Council, I am satisfied that they are appropriately claimed, and judgment is therefore given against Mr and Mrs Banora for the amounts sought.
Decision
[5] Mr and Mrs Banora are to pay Auckland Council costs in the sum of $8,604 plus disbursements of $110, a total of $8,714.
Powell J
1 Banora v Auckland Council [2022] NZHC 2691.
2 At [28].
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