BBC Technologies Limited v Sociedad Agricola Topagri Ltda

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.

CaseChat Overview and Summary

In the High Court of New Zealand, BBC Technologies Limited, an Australian company, sued Sociedad Agricola Topagri Ltda, a Chilean company, over a breach of contract related to the supply of agricultural equipment. The plaintiff claimed that the defendant had failed to pay for equipment that was delivered, leading to a dispute over the outstanding amount. The case was heard on the papers, and the plaintiff was represented by counsel M D Pascariu.

The legal issues before the court involved determining whether the defendant was liable for the outstanding amount and, if so, the quantum of the debt. The court also had to consider the appropriate basis for awarding costs to the plaintiff. The plaintiff sought costs on a 2B basis, which is a higher rate, for preparation of the case for a potential trial.

The court accepted most of the plaintiff's costs but reduced the amount claimed for preparation for a full trial, which was deemed unnecessary given the case was decided on the papers. The court awarded the plaintiff costs of $26,964.50 along with disbursements of $246.35. This decision was made on the basis that one day's preparation was sufficient for the hearing on the papers, rather than the three days claimed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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