Beckett Books Limited v Moving Out 2012 Limited

[2014] NZHC 1594

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-5198 [2014] NZHC 1594

BETWEEN

BECKETT BOOKS LIMITED

Applicant

AND

MOVING OUT 2012 LIMITED Respondent

Hearing:

10 June 2014

(on papers)

Appearances:

Mr W McKean for the Applicant
Mr G Bogiatto for the Respondent

Judgment:

9 July 2014

JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE [on Costs]

This judgment was delivered by me on

09.07.14 at 4 pm, pursuant to

Rule 11.5  of the High Court Rules.

Registrar/Deputy Registrar

Date……………

BECKETT BOOKS LIMITED v MOVING OUT 2012 LIMITED [2014] NZHC 1594 [9 July 2014]

[1]      I gave judgment for the respondent in this matter on 20 May 2014.  I invited counsel to settle the matter of costs or alternatively to file memoranda by 13 June

2014.     A  memorandum  has  been  received  from  counsel  for  the  applicant, Mr Bogiatto.  That memorandum incorporates the assumption that a costs order will be made in favour of the respondent and sets out the amounts that the applicant ought to pay which, inclusive of disbursements, totals $6,080.

[2]      I deal first with the question of which party should pay costs.

[3]      I consider that in the light of r 14.2(a) HCR costs should be paid by the applicant as the party who has failed to the respondent who is the party who has succeeded.

[4]      The costs and disbursements which are set out in the memorandum which Mr Bogiatto has filed appear to be reasonable.  I therefore make an order that costs on a 2B basis are to be paid by the applicant in the sum of $5,970 together with

disbursements of $110.00.

J.P. Doogue

Associate Judge