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

[2011] NZHC 1620

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.