CFR Line NZ Limited (t/a CFR Line Group) v Jacanna Holdings Limited (t/a Jacanna Customs and Freight)

[2020] NZHC 2852

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-1105

[2020] NZHC 2852

IN THE MATTER OF

A claim for conversion and discontinuance

BETWEEN

CFR LINE NZ LIMITED (trading as CFR LINE GROUP

Appellant

AND

JACANNA HOLDINGS LIMITED (trading as JACANNA CUSTOMS AND FREIGHT)

First Respondent

CHEE FUNG YAP (trading as GALAXY AUTO)

Second Respondent

GALAXY AUTO LIMITED, Oteha,
Auckland

Third Respondent

On the Papers	At Auckland
Judgment:	30 October 2020

JUDGMENT OF POWELL J

This judgment was delivered by me on 30 October 2020 at 3.30 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

CFR LINE NZ LIMITED (trading as CFR LINE GROUP v JACANNA HOLDINGS LIMITED (trading as JACANNA CUSTOMS AND FREIGHT) [2020] NZHC 2852 [30 October 2020]

[1]    The first respondent, Jacanna Holdings Limited (“Jacanna Holdings”), seeks costs after the appellant, CFR Line NZ Limited (“CFR”),1 discontinued its appeal against a decision of Judge Harrison in the District Court, releasing funds held by the Court to Jacanna Holdings.

[2]    Jacanna Holdings now seeks costs on a 2B basis, together with disbursements, in the sum of $3,635. Mr Bowler, on behalf of CFR, submits that Jacanna Holdings is not entitled to costs as it took no steps in relation to the appeal; the only document that was filed apart from the notice of appeal being a joint memorandum of counsel that was prepared by the appellant and signed on behalf of Jacanna Holdings by counsel for the second and third respondents, who do not seek costs.

[3]    Rule 15.23 of the High Court Rules 2016 provides that where a party discontinues a proceeding or appeal, that party must pay the other’s costs.2 This is to reflect that the party has been unsuccessful. On this basis Jacanna Holdings, as the successful party, is entitled to costs.

[4]    The steps in respect of which costs are claimed include preparation for a case management conference; commencement of a response to the appeal; obtaining a sealing order; and preparation of a memorandum as to costs. Although Mr Bowler has pointed out that no documents were filed by Jacanna Holdings in response to the appeal, with the exception of a memorandum as to costs, none of the other steps necessarily involve the production of any documentation filed with the Court. Thus, any lack of documentation does not mean the remaining steps were not taken by Jacanna Holdings, nor does it preclude the recovery of costs for said steps, nor indeed that counsel for Jacanna Holdings had not considered the joint memorandum before confirming that other counsel could sign on his behalf.

[5]    As a result, and otherwise being satisfied the proceedings were correctly categorised as 2B, that costs were available for the steps claimed by Jacanna Holdings, and that the quantum of costs sought is reasonable.

1      Jacanna Holdings Ltd v CFR Line NZ Ltd [2020] NZDC 10706.

2      Rule 15.23.

Decision

[6]    Jacanna Holdings is entitled to costs against CFR in the sum of $3,585.00 together with any disbursements as fixed by the Registry

Powell J