BBC Technologies Limited v Sociedad Agricola Topagri Ltda

[2014] NZHC 2466

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV-2012-419-1306 [2014] NZHC 2466

BETWEEN

BBC TECHNOLOGIES LIMITED

Plaintiff

AND

SOCIEDAD AGRICOLA TOPAGRI LTDA

Defendant

Hearing:	On the papers
Counsel:	M D Pascariu for the Plaintiff
Judgment:	8 October 2014

JUDGMENT OF BROWN J [as to costs]

This judgment was delivered by me on 8 October 2014 at 11 am, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:      MinterEllisonRuddWatts, Auckland

BBC TECHNOLOGIES LTD v SOCIEDAD AGRICOLA TOPAGRI LTDA [2014] NZHC 2466 [8 October

2014]

[1]      Consequent upon my judgment of 30 September 20141 the plaintiff has filed a memorandum as to costs as provided for in [15] of my judgment.

[2]      The plaintiff seeks an award of costs on a 2B basis of $30,944.50 together with disbursements of $246.35 as detailed in the schedule attached to the plaintiff’s memorandum.

[3]      I agree with all the items of costs with the exception of item 33 relating to preparation for the hearing on 30 September 2014.  The plaintiff seeks costs for that item in the sum of $5,970.00 being the full three days provided for on a 2B basis.

[4]      I do not consider that it is appropriate on a formal proof hearing to award costs on the basis of preparation for a full trial.  In my view one day is an appropriate basis for costs calculation.  Hence item 33 is reduced from $5,970.00 to $1,990.00.

[5]      Accordingly, the plaintiff is awarded costs in the sum of $26,964.50 with disbursements of $246.35.

Brown J

1      BBC Technologies Ltd v Sociedad Agricola Topagri LTDA [2014] NZHC 2386.