Dunlop v Pope

[2006] NZCA 213

IN THE COURT OF APPEAL OF NEW ZEALAND

CA42/05

BETWEENROSS JAMES CRAUFURD DUNLOP, JAN MARGARET DUNLOP, MURRAY GORDON GIBSON, GABRIELLE ANN GIBSON, MICHAEL MACDOUGALL MOWBRAY AND HELEN MOWBRAY

Appellants

ANDCHARLES JONATHAN POPE, JACQUELINE KAYE POPE, LORRAINE AGNES WELCH AND JOHN WISHART WELCH

Respondents

Hearing:7 June 2006

Court:William Young P, Glazebrook and Hammond JJ

Counsel:C S Withnall QC and D S McGill for Appellants

J M Morrison for Respondents

Judgment:14 August 2006 at 11 am

JUDGMENT OF THE COURT

The order for costs made in the High Court is reversed and in its place is an order for costs in favour of the appellants on a 2B basis.

REASONS OF THE COURT

(Given by William Young P)

[1]       The order for costs made in the High Court is reversed and in its place is an order for costs in favour of the appellants on a 2B basis. 

[2]       This judgment follows memorandum from the appellants of 16 June 2006, an email from Mr Morrison of the same date and a further email from Mr Withnall QC of 6 July 2006.

Solicitors:
Duncan Cotterill, Auckland for Appellants
Rainey Collins, Wellington for Respondents