Davey v Baker

[2015] NZHC 2893

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CIV 2013-442-174 [2015] NZHC 2893

BETWEEN

IAN WALTON DAVEY, NOVA

ELIZABETH DAVEY AND CARL JORGENSEN

First Plaintiffs

AND

IAN WALTON DAVEY AND NOVA ELIZABETH DAVEY Second Plaintiffs

AND

NICHOLAS DE CHAIR BAKER

Hearing:	On Papers
Counsel:	G W Allan for Plaintiffs G M Downing for Defendant
Judgment:	19 November 2015

COSTS JUDGMENT OF BROWN J

[1]      Both   parties   responded   commendably   promptly   to   my   Minute   of

10 November 2015.  For the plaintiffs Ms Palmer filed a schedule on 12 November identifying the items in respect of which the plaintiffs take issue with the schedule annexed to the defendants’ reply memorandum of 5 November 2015.  Mr Downing for the defendants filed a third memorandum, annexing copies of the invoices with reference to the expert evidence and the aerial surveys, and a fourth memorandum dated 13 November 2015 responding to the plaintiffs’ schedule.

[2]      The consequence of the exchange of memoranda was productive inasmuch that the parties agree on the amount of total scale 2B costs in the sum of $63,333.00.

DAVEY v BAKER [2015] NZHC 2893 [19 November 2015]

[3]      So  far  as  the  filing  fees,  photocopying,  facsimiles,  LIMs  search  fees, subpoena expenses and service fees in respect of Mr S Light and the aerial survey photos  are concerned,  I accept  on  the basis  of  the information  provided in  the defendants’ fourth memorandum that all those items are reasonable and they are approved.

[4]      With reference to the expert witnesses’ expenses, I have perused the invoices which are attachments A, B and C to the defendants’ third memorandum.  I consider that those expenses are reasonable and appropriate and they are also approved.

[5]      Accordingly according to my calculations the total costs and disbursements to which the defendants are entitled is $97,673.42.

Brown J

Solicitors:

Pitt & Moore, Nelson
McFadden McMeeken Phillips, Nelson