Dunstan v Credit Union South

[2022] NZCA 215

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA317/2020
 [2022] NZCA 215

BETWEEN	ANTHONY DUNSTAN Appellant
AND	CREDIT UNION SOUTH First Respondent JANICE FREDRIC, PETER MCKNIGHT, LOUISE EDWARDS, PETER BOOTH AND SHONA CUMMING Second Respondents

Court:	Clifford, Thomas and Muir JJ
Counsel:	Appellant in person D G Hurd and E M Buckley for Respondents
Judgment: (On the papers)	30 May 2022 at 11.30 am

JUDGMENT OF THE COURT
Costs

The appellant must pay Unity Credit Union costs for a standard appeal on a band A basis with usual disbursements. 

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REASONS OF THE COURT

(Given by Clifford J)

1. On 3 December 2021, this Court dismissed Mr Dunstan’s appeal in CA317/2020.[1] 

   [1]Dunstan v Credit Union South [2021] NZCA 656.

2. We reserved the issue of costs.  We said:

   [61]     In the normal course, CU South would be entitled to costs for a standard appeal on a band A basis with usual disbursements.  However, as CU South no longer exists following the transfer of its engagements, we understand the entitlement to costs would be that of its successor entity, Credit Union Baywide.  The parties are invited to file further memoranda on who the appropriate party to award costs to is within 10 working days of this judgment.  Costs are reserved in the meantime.

3. On 14 December 2021, counsel for the respondents filed a memorandum noting this Court’s understanding was correct: CU Baywide had become the successor entity to CU South.  CU Baywide was therefore the party to whom costs should be awarded.  However, counsel noted one further element: CU Baywide had formally changed its name to Unity Credit Union.[2]  Counsel submitted costs on the appeal should be awarded to Unity Credit Union accordingly.  For completeness, counsel noted the second respondents consented to the making of that order. 

   [2]That name change was registered with the New Zealand Companies Office and approved by the Registrar of Friendly Societies and Credit Unions.  A copy of the certificate of incorporation for Unity Credit Union, confirming it is the entity which was previously CU Baywide, was attached to counsel’s memorandum. 

4. Regrettably, that memorandum only came to our attention recently.  No response from Mr Dunstan has been received. 

5. We order that Mr Dunstan must pay Unity Credit Union costs for a standard appeal on a band A basis with usual disbursements. 

Solicitors:
Gilbert Walker, Auckland for Respondents