Burmester v Burmester

[2019] NZHC 3253

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-0542

[2019] NZHC 3253

BETWEEN

PETER BURMESTER

Appellant

AND

BEVERLEY JOY BURMESTER

First respondent

ANNELIESE BURMESTER and SARAH BURMESTER

Second respondents

Hearing:

On the papers

Appearances:

Mr Burmester in person

DAT Chambers QC for the first respondent No appearance for the second respondents

Date of judgment:

10 December 2019

JUDGMENT OF JAGOSE J

[Costs]

The judgment was delivered by me on 10 December 2019 at 5.00pm.

Pursuant to Rule 11.5 of the High Court Rules

……………………………… Registrar/Deputy Registrar

Solicitors/Counsel:
DAT Chambers QC, Auckland

And to:
The appellant

BURMESTER v BURMESTER – Costs [2019] NZHC 3253 [10 December 2019]

[1]                  My judgment of 30 October 2019 took the preliminary view Mrs Burmester’s success on this appeal entitled her to 2B costs and disbursements.1 If that was not accepted by the parties, and they could not otherwise agree, I reserved costs for determination on Mrs Burmester’s application, any response by Mr Burmester to be filed within five working days after its service.

[2]Mrs Burmester’s application for 2B costs and disbursements calculated at

$10,924.50 was filed on 7 November 2019. Assuming it also to have been served on Mr Burmester on that date, any response he sought to make was due by 14 November 2019. The application has been put before me today; no response from Mr Burmester has been received.

[3]                  I am satisfied the calculation appropriately reflects my original expectation nothing in the steps taken by Mrs Burmester in this averagely complex proceeding required other than a normal amount of time.

[4]I therefore order Mr Burmester to pay Mrs Burmester $10,924.50.

—Jagose J

1      Burmester v Burmester [2019] NZHC 2766 at [18].