Crampton-Smith v Crampton-Smith HC Rotorua CIV-2006-463-000840

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV-2006-463-000840

BETWEEN CHRISTOPHER CRAMPTON-SMITH Plaintiff

ANDNOELINE GAIL CRAMPTON-SMITH Defendant

Hearing: 25 August 2011

Counsel: JD McBride for Plaintiff

Judgment: 22 September 2011

JUDGMENT OF ASHER J (Costs)

This judgment was delivered by me on Thursday, 22 September 2011 at 3pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:
J D McBride, PO Box 1008, Shortland Street, Auckland 1140. Email: [email protected]
M McKechnie, DX JP30043, Rotorua. Email: [email protected]

CRAMPTON-SMITH V CRAMPTON-SMITH HC ROT CIV-2006-463-000840 22 September 2011

[1] This is an application for costs by the plaintiff following High Court and

Court of Appeal hearings.

[2] When this proceeding was determined in the High Court on 12 August 2010, the plaintiff’s claim was dismissed and costs were awarded against him. The plaintiff appealed the High Court judgment.1 The Court of Appeal has now allowed that appeal.2 The High Court judgment has been set aside and judgment entered for the plaintiff.

[3] The plaintiff now, having been successful in the proceedings, seeks costs in the High Court. A cost order of $44,879.23 being costs on a 2B basis of $35,344 plus disbursements of $9,535.23. The disbursements include the costs of the plaintiff’s witnesses travelling from Australia to give evidence and receipts are made available.

[4] Ms Crampton-Smith has not taken any steps to oppose the application for costs. As I have set out in my Minute of 25 August 2011 I am satisfied that she is aware of the application.

[5] I am satisfied that costs should be on a 2B basis and that they have been correctly calculated.

Result

[6] The defendant will pay the plaintiff costs in the High Court proceedings of

$44,879.23 being $35,344 plus disbursements of $9,535.23.

……………………………..

Asher J

1 Crampton-Smith v Crampton-Smith HC Rotorua CIV-2006-463-840, 12 August 2010.
2 Crampton-Smith v Crampton-Smith [2011] NZCA 308.

CaseChat Overview and Summary

The plaintiff, Christopher Crampton-Smith, brought a legal action against the defendant, Noeline Gail Crampton-Smith, in the High Court of New Zealand, Rotorua Registry. The nature of the dispute was a legal claim that was initially dismissed by the High Court, but later overturned by the Court of Appeal, resulting in a judgment in favour of the plaintiff. Following the successful appeal, the plaintiff applied for costs incurred during the High Court and Court of Appeal proceedings.

The legal issues before the court were whether the plaintiff was entitled to costs, and if so, the appropriate amount. The plaintiff sought costs of $44,879.23, calculated on a 2B basis, which includes $35,344 in legal costs and $9,535.23 in disbursements, such as travel expenses for witnesses from Australia. The defendant did not oppose the application for costs, and the court was satisfied that she was aware of the application.

The court determined that the costs should be awarded on a 2B basis, meaning that the unsuccessful party pays the successful party's costs. The court was satisfied that the costs had been correctly calculated and that the plaintiff was entitled to the full amount sought. The defendant was ordered to pay the plaintiff the costs of $44,879.23.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established