EBR Holdings Limited (in liq) v Van Duyn

[2020] NZHC 130

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2009-090-1560

[2020] NZHC 130

BETWEEN

EBR HOLDINGS LIMITED (IN LIQ)

First Plaintiff

VIVIEN JUDITH MADSEN-RIES AND HENRY DAVID LEVIN
Second Plaintiffs

AND

JOHANNES VAN DUYN (SENIOR) AND GERARDA JACOBA MARIA VAN DUYN

First Defendants

RENE MARINUS VAN DUYN

Second Defendant

Hearing:

On the papers

Counsel:

H McKee and S Farnell for the First Plaintiff

H Twomey and N Faulkner for Smith & Partners (non-party)

Judgment:

11 February 2020

JUDGMENT OF GORDON J

[As to costs]

This judgment was delivered by me

on 11 February 2020 at 10.30 am, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors:           Meredith Connell, Auckland

Robertsons, Auckland

EBR HOLDINGS LIMITED (IN LIQ) v VAN DUYN [2020] NZHC 130 [11 February 2020]

JOHANNES VAN DUYN (JUNIOR)

Third Defendant

JOHANNES VAN DUYN (SENIOR), GERARDA JACOBA MARIA VAN DUYN, RENE MARINUS VAN DUYN AND JOHANNES VAN DUYN (JUNIOR)

Fourth Defendants

SOUTH HEAD TRUSTEES LIMITED
Fifth Defendant

MCLAREN GUISE ASSOCIATES LIMITED

Third Party

[1]                 The first plaintiff, EBR Holdings Ltd (in liq) (EBR) brought an application for wasted costs against non-party solicitors, Smith & Partners, who had previously acted for the first to third defendants (the van Duyns). I found in favour of EBR in my judgment of 17 December 20191 (but not to the full extent claimed).

[2]I reserved the question of costs.

[3]                 The Court has now received a joint memorandum of counsel for EBR and Smith & Partners dated 4 February 2020 agreeing on the calculation of costs.

[4]                 I award costs in favour of EBR against Smith & Partners in the sum of $12,810 in accordance with counsel’s memorandum.

[5]I thank the parties for their cooperation in agreeing costs.

Gordon J

1      EBR Holdings Ltd (in liq) v van Duyn [2019] NZHC 3325.