Blanchett v Mowbray

[2016] NZHC 720

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV-2010-419-1584 [2016] NZHC 720

UNDER

the Companies Act 1993

IN THE MATTER

of the liquidation of Hori Limited (in liquidation)

BETWEEN

DAVID MURRAY BLANCHETT AND COLIN THOMAS MCCLOY AS LIQUIDATORS OF HORI LIMITED (IN LIQUIDATION)

Applicants

AND

STEVEN H MOWBRAY AND POLLY S MOWBRAY

Respondents

Hearing:	On the papers at Auckland
Counsel:	MD Branch and SJ Rawcliffe for applicants
Judgment:	19 April 2016

JUDGMENT OF FAIRE J

This judgment was delivered by me on 19 April 2016 at 3 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Harkness Henry, Hamilton

Enterprise Law, Auckland (M Taia)

Blanchett and McCloy as liquidators of Hori Limited (in liqn) v Mowbray [2016] NZHC 720 [19 April 2016]

[1]      In  my  judgment  of  24  October  2013,  I  entered  judgment  against  the respondents.  Costs were reserved so that counsel and the parties might agree.  In the event that they could not reach agreement, I gave directions for the filing of memoranda on the issue.

[2]      The issue was not resolved.  I issued a minute to deal with the position as it was presented to me in March of this year, in a minute dated 24 March 2016.

[3]      In   accordance   with   the   direction   given,   the   applicants’   solicitor’s memorandum seeking costs, together with a copy of my minute of 24 March 2016 was served on the respondents’ solicitors, being the respondents’ address for service on  30  March  2016.    There  has  been  no  response  to  the  applicants’ solicitor’s memorandum filed in the court.

[4]      The applicants seek costs of $8,351.33, which is less than costs calculated on a 2B basis.  That position is taken to reflect the position prescribed by r 14.2(f) of the High Court Rules.

[5]      The figure of $8,351.33 in fact represents both the costs and disbursements incurred by the applicants in this case. All appear reasonable to me.

[6]      I   am   satisfied,   therefore,   that   the   appropriate   order   for   costs   and disbursements in this case is that the respondents pay the applicants $8,351.33.

[7]     Accordingly, I enter judgment against the respondents for costs and disbursements in this proceeding in the sum of $8,351.33.

JA Faire J