Body Corporate 212138 v Minister for Land Information

[2012] NZHC 3612

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2012-404-006867 [2012] NZHC 3612

BETWEEN  BODY CORPORATE 212138

Appellant

ANDTHE MINISTER FOR LAND INFORMATION

Respondent

Contd…/…

Hearing:         (On the papers)

Counsel:         A J Thorn for the Appellants

G Holm-Hansen for the Respondents

Judgment:      21 December 2012

[COSTS] JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie on 21 December 2012 at 2.30 pm

Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

BODY CORPORATE 212138 V THE MINISTER FOR LAND INFORMATION HC AK CIV 2012-404-006867 [21 December 2012]

AND BETWEEN            TOWNSCAPE SECURITIES AUCKLAND LIMITED AND

APARTMENTS LIMITED AND GAVIN & JUDITH BROWN AND

J & R JONES FAMILY TRUST AND ROGERS FAMILY TRUST AND

STEWART HOLDINGS (1970) LIMITED AND

MORRIS FAMILY TRUST AND HAYDON FAMILY TRUST AND H M SIOW AND HHK SOH AND

OLIVE INVESTMENTS NO 1 LIMITED AND

HALLEN LIMITED AND

M R AND V L DEVIREDDY AND

A T TIMOTHY AND HIN PIN HILL AND LINDA BEAMER TRUST AND

A G & V E DE LAUTOUR AND

PROQUEST CONSULTING LIMITED Appellants

ANDDISTRICT COURT AT AUCKLAND First Respondent

ANDTHE MINISTER FOR LAND INFORMATION

Second Respondent

AND BETWEEN            BODY CORPORATE 212138

First Applicant

ANDTOWNSCAPE SECURITIES AUCKLAND LIMITED AND

APARTMENTS LIMITED AND GAVIN & JUDITH BROWN AND

J & R JONES FAMILY TRUST AND ROGERS FAMILY TRUST AND

STEWART HOLDINGS (1970) LIMITED AND

MORRIS FAMILY TRUST AND HAYDON FAMILY TRUST AND H M SIOW AND HHK SOH AND

OLIVE INVESTMENTS NO 1 LIMITED AND

HALLEN LIMITED AND

M R AND V L DEVIREDDY AND

A T TIMOTHY AND HIN PIN HILL AND LINDA BEAMER TRUST AND

A G & V E DE LAUTOUR AND

PROQUEST CONSULTING LIMITED Second Applicants

ANDDISTRICT COURT AT AUCKLAND First Respondent

ANDTHE MINISTER FOR LAND INFORMATION

Second Respondent

[1]      I refer to the oral judgment of Rodney Hansen J given on 21 November 2012, and to my minute of 4 December 2012.

[2]      The  appellants  claim  costs.     The  second  respondent  accepts  that  the appellants are entitled to costs, on a 2B basis.  They do, however, take issue with some of the steps claimed by the appellants.

[3]      I have perused the file, and am satisfied that it is appropriate to make an order for costs and disbursements in favour of the appellants in the sum of $8,329.80. That costs order is made up as follows:

Step  Description  Allocation      Rate         Costs

52     Commencement of appeals (x2 CIV

2012-404-6881 and 6867)

12     Appearance at mention (20 November

2012, Wylie J)

56Preparation of written submissions (1 day claimed)

57     Appearance at hearing (21 November

2012, Hansen J)

Disbursements

1. $1,990     $3,980.00

0.2           $1,990       $398.00

1. $1,990     $1,990.00

0.5           $1,990       $995.00

Filing Fees (x2 notices of appeal)  $483.40      $966.80

Total         $8,329.80

[4]      I award costs accordingly.

Wylie J