Eastland Office Coffee Systems Limited v Nobilo

[2019] NZHC 3307

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-2234

[2019] NZHC 3307

BETWEEN

EASTLAND OFFICE COFFEE SYSTEMS LIMITED

Plaintiff

AND

NICHOLAS THOMAS NOBILO

Defendant

Hearing:	On the papers
Counsel:	P C Creagh for the Plaintiff
Judgment:	13 December 2019

JUDGMENT OF GAULT J

This judgment was delivered by me on 13 December 2019 at 12:00 p.m. pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

……………………………………

Solicitors / Parties:

Mr P C Creagh, Anderson Creagh Laid Ltd, Auckland The Defendant

EASTLAND OFFICE COFFEE SYSTEMS LTD v NOBILO [2019] NZHC 3307 [13 December 2019]

[1]    The plaintiff filed proceedings and sought summary judgment on 16 October 2019 for breach of the defendant’s guarantee of Winespecific Ltd’s obligations to buy back wine from the plaintiff.

[2]    The defendant has signed an admission to the plaintiff’s cause of action dated 10 December 2019. The defendant admits liability to the plaintiff, including for interest and costs. The admission states that the defendant does not wish to be heard on this matter.

[3]    Counsel for the plaintiff has filed a memorandum dated 10 December 2019 seeking judgment on admission, including costs on a 2B basis, and disbursements, and requests that the call of the matter be vacated, with counsel’s appearances excused.1

[4]    In the case of an admission of cause of action under r 15.16, the plaintiff may seal judgment on the cause of action admitted without Court determination.

[5]    The only matter requiring determination is the fixing of costs given the admission did not specify the exact amount. The plaintiff seeks costs on a 2B basis totalling $9,799 plus disbursements of $1,400. As the defendant’s admission includes costs and given his indication that he does not wish to be heard, I can fix costs now on the papers.

[6]    I consider 2B costs are appropriate in the circumstances. The plaintiff is entitled to costs as sought, except for item 28 ($717) relating to obtaining judgment without appearance for the reason explained above. Accordingly, the plaintiff is entitled to 2B costs of $9,082 plus disbursements of $1,400.

[7]Appearances are excused.

Gault J

1      The return date recorded in the application was 12 December 2019 but there was no summary judgment list on 12 December – they occur on Tuesdays. The date should have been 17 December.