Emmott v Michael Wilson & Partners Limited
[2017] NZHC 359
•7 March 2017
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV-2016-485-973 [2017] NZHC 359
IN THE MATTER of the Land Transfer Act 1952 BETWEEN
JOHN FORSTER EMMOTT Applicant
AND
MICHAEL WILSON & PARTNERS LIMITED
Respondent
On the papers Appearances:
A J Knowsley and D Hunt for the applicant
K P Sullivan for the respondentJudgment:
7 March 2017
COSTS JUDGMENT OF ASSOCIATE JUDGE SMITH
[1] In a judgment given on 20 December 2016, I dismissed an application by Mr Emmott for an order that a caveat lodged by him on the title to certain land in Wellington not lapse.
[2] In my judgment, I indicated that the respondent was entitled to costs, and expressed a preliminary view that the case was not one where there should be any uplift on standard “2B” costs. However I did not hear fully from counsel on the question of costs. I accordingly directed that any memorandum from the respondent seeking costs was to be filed by 31 January 2017, and any reply memorandum by Mr Emmott by 14 February 2017.
[3] The respondent duly filed a costs memorandum on 31 January 2017. No costs memorandum has been filed by Mr Emmott.
EMMOTT v MICHAEL WILSON & PARTNERS LIMITED [2017] NZHC 359 [7 March 2017]
[4] While the respondent initially submitted that increased costs should be awarded, in his memorandum of 31 January 2017 Mr Sullivan accepted that costs on a 2B basis are appropriate. He submitted a schedule with his memorandum, setting out a 2B costs calculation totalling $9,254.50 plus disbursements (filing fee on notice of opposition and sealing fee on the order made by the court) totalling
$160.00.
[5] I am satisfied that that claim is correctly made in accordance with schedules 2 and 3 of the High Court Rules. There will accordingly be judgment for the respondent for costs in the sum of $9,254.50, plus disbursements of $160.00.
Associate Judge Smith
Solicitors:
Rainey Collins, Wellington for the applicant
WCM Legal, Wellington for the respondent
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