IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV 2021-404-001260
[2023] NZHC 1086
BETWEEN AMEET BHARGAV and RENU KHAJURIA
Plaintiffs
AND
FIRST TRUST LIMITED
First Defendant
DAVINDER SINGH RAHAL
Second Defendantcontinued overleaf…
Hearing: On the papers Appearances:
S E Wroe & B M Foster for the Plaintiffs
A R B Barker KC (via VMR) & A Grant for the First & Second Defendant
M R T Colthart & B Sanders for the Third & Fourth Defendants N K Dhaliwal for the Fifth & Sixth Defendants
Judgment:
8 May 2023
JUDGMENT OF TAHANA J
[Costs of applications to set aside formal proof judgment]
This judgment was delivered by me on 8 May 2023 at 4.00pm Pursuant to Rule 11.5 of the High Court Rules
…………………………
Registrar/Deputy Registrar
BHARGAV v FIRST TRUST LIMITED [Costs of applications to set aside formal proof judgment] [2023] NZHC 1086 [8 May 2023]
continued from previous page… AND
METSONS (NZ) LIMITED
Third Defendant
VINAY MEHTA
Fourth DefendantLOCAL REALTY LIMITED
Fifth Defendant
GURBIR SINGH BAL
Sixth Defendant
Solicitors/Counsel:
Eldon Chambers
Grant & Co, AucklandAndrew Barker KC, Auckland (Shortland Chambers) FortyEight Shortland, Auckland
Darroch Forrest Lawyers, Wellington Kennedys Law, Auckland
Introduction
[1] In my judgment dated 10 February 2023,1 I indicated that my preliminary view was that the first to fourth defendants (the defendants) should pay the plaintiffs’ costs. I directed the parties to file memoranda if they were unable to agree costs. Costs have not been agreed and memoranda have been filed.
[2]The plaintiffs claim costs of:
(a)$10,755.00 plus disbursements of $359.25 against the first and second defendants; and
(b)$11,711.00 plus disbursements of $1,822.55 against the third and fourth defendants.
[3] The first and second defendants do not oppose paying costs but say that costs should be payable on a category 2B basis and costs should be apportioned between the defendants so that they pay costs of $5,616.50 and disbursements of $359.25.
[4] The third and fourth defendants submit that costs should lie where they fall, or in the alternative, should be payable on a 2B basis and apportioned between the defendants so that the third and fourth defendants pay costs of $4,889.50 and disbursements of $1,081.40.
[5]I therefore need to determine:
(a)whether costs should lie where they fall;
(b)whether it is appropriate that some costs be payable on a category 2C basis; and
(c)whether the overall costs claimed are reasonable.
Analysis
Should costs lie where they fall?
[6] I reject the third and fourth defendants’ submission that costs should lie where they fall. The plaintiffs have been put to the task of responding to the application in circumstances where, I held that the third and fourth defendants had no reasonable explanation for the delay in responding to the claim.2 It was appropriate for the plaintiffs to oppose and defend the application.
[7] This is not a case where the plaintiffs are at fault, as…
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- Case
- [2023] NZHC 1086
- Decision Date
CaseChat Overview and Summary
The court rejected the submission that costs should lie where they fell, holding that it was appropriate for the plaintiffs to oppose and defend the applications, as the defendants had no reasonable explanation for their delay in responding to the claim. The court found that the plaintiffs were not at fault, unlike in Hansa Limited (in liq) v Hibbs. Regarding the classification of costs, the court held that the complexity and volume of material required for the preparation of oppositions warranted a band C allocation for these tasks, rather than the previously agreed upon band B. The court also allowed the plaintiffs to claim costs for reviewing a joint memorandum and preparing a common bundle. The court concluded that the costs claimed were reasonable and ordered that the defendants pay the plaintiffs’ costs accordingly. The final orders detailed the specific amounts and disbursements payable by each set of defendants.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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