Brownsons Holdings 2001 Limited v Das HC Auckland Civ-2010-404-007134

[2011] NZHC 977

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2010-404-007134

BETWEEN  BROWNSONS HOLDINGS 2001

LIMITED Appellant

ANDSUDHAKAR DAS AND GREGORY KIM First Respondents

ANDSOHAM INVESTMENTS LIMITED AND MACRO CORPORATION LIMITED Second Respondents

ANDR TRIPPLE S HOLDINGS LIMITED AND MACRO CORPORATION LIMITED

Third Respondents

Hearing:         On the Papers

Counsel:         D Singh for Appellant

D L C Liu for Respondents

Judgment:      6 September 2011

JUDGMENT OF WHATA J AS TO COSTS

This judgment was delivered by Justice Whata on

6 September 2011 at 12.30 p.m., pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Solicitors:

Shean Singh, PO Box 10018, Auckland

Yu Lawyers, PO Box 96135, Balmoral, Auckland

BROWNSONS HOLDINGS 2001 LIMITED V SUDHAKAR DAS AND GREGORY KIM HC AK CIV-2010-

404-007134 6 September 2011

[1]      As noted by counsel for the respondents, at paragraph [100] of my judgment I indicated that costs should be awarded to the respondents, reduced by one-third to account for the appellant’s limited success.

[2]      Contrary to the submissions of the appellant, that was not a typographical error. As set out in that judgment, the respondents had limited success but on a basis not pleaded by them.  In those circumstances I did not consider it appropriate that costs should be awarded in the appellant’s favour.

[3]      Given  there  is  no  dispute  as  to  quantum,  there  shall  be  costs  in  the

respondents’ favour of $2,757.33.

[4]      The referral back is a matter for the appellant and I make no additional observations to my original judgment.

[5]      Finally, as to security for costs, given my abovementioned finding, those costs should be released to the respondent in partial payment of its costs award.

Whata J