Charming Group (NZ) Limited v Singh

[2017] NZHC 2412

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2016-404-1714 [2017] NZHC 2412

IN THE MATTER

of an appeal pursuant to s 72 District

Courts Act 1947

BETWEEN

CHARMING GROUP (NZ) LIMITED Appellant

AND

PRITHI PAL SINGH AND GENDO SINGH AS TRUSTEES OF THE BASRA FAMILY TRUST

Respondents

On the papers
Appearances:	Ms Cheng in person, on behalf of the Appellant I Hutcheson for Respondent
Judgment:	3 October 2017

COSTS JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 3 October 2017 at 1.00 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

CHARMING GROUP (NZ) LIMITED v SINGH [2017] NZHC 2412 [3 October 2017]

[1]      In a judgment dated 6 June 2017,1  I dismissed a substantive appeal and a costs appeal from decisions of the District Court.  I held, at [48], that the respondents were entitled to costs and disbursements on both appeals which I said should be calculated on a Category 2B basis.  I set a timetable for the exchange of memoranda.

[2]      The  respondents'  memorandum  seeking  costs  reveals  that  Mr Hutcheson made three attempts to contact Ms Cheng, who was granted leave to appear for the appellant  at  the  hearing,  in  order  to  resolve  costs.    He  received  no  response. Although  the  appellant's  memorandum  was  due  by  28 July 2017,  the  Registry granted the appellant further indulgences but has been unable to make contact and no costs memorandum has been received.

[3]      I  am  satisfied  that  the  costs  of  $22,077  plus  disbursements  have  been calculated according to scale.   I order the appellant to pay those sums to the respondents accordingly.

.................................................

Toogood J

1      Charming Group (NZ) Limited v Singh [2017] NZHC 1217.