Fowler Developments Limited v Robertson

[2012] NZHC 2215

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2009-409-000454 [2012] NZHC 2215

BETWEEN  FOWLER DEVELOPMENTS LIMITED Plaintiff

ANDCRAIG JAMES ROBERTSON First Defendant

ANDPETER JOHN CARR AND TINA MARIA CARR

Third Defendant

ANDNEW ZEALAND HOME BONDS LIMITED

Fourth Defendant

AND(PROCEEDING DISCONTINUED AGAINST SECOND DEFENDANT)

Hearing:         On the Papers

Counsel:         G Brodie for Plaintiff

D Lester for Third defendants
J Moss for Fourth Defendant

Judgment:      30 August 2012

JUDGMENT OF FOGARTY J

This judgment was delivered by Justice Fogarty on

30 August 2012 at 11.30 a.m., pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Solicitors:

G M Brodie, PO Box 130121, Armagh, Christchurch 8141
D Lester, PO Box 9344, Christchurch

J Moss, PO Box 17-709, Christchurch 8081

Copy to: Craig James Robertson, 2 Shammys Place, Brooklands, Christchurch

FOWLER DEVELOPMENTS LIMITED V ROBERTSON HC CHCH CIV-2009-409-000454 [30 August 2012]

[1]      The third defendants seek costs on a 2B basis of $30,220.   They seek disbursements incorporating filing fees and a contribution to photocopying of $200. That application was first made on 25 June 2012.  On 27 June the fourth defendant sought costs on a 2B basis similarly calculated at $33,132 with disbursements at

$184.

[2]      On 26 June I invited submissions from the plaintiff by a minute.  Then by a second  minute  on  29 June  I  gave  the  plaintiff  until  the  end  of  July  to  file submissions.

[3]      In the meantime the plaintiff has appealed the judgment decision.

[4]      I have been advised by the Registry on 29 August that there have been no costs submissions filed by the plaintiff.  That advice contains in it that there have been no costs submissions received by the applicants from the plaintiff.

[5]      There will be costs orders in terms of the applications recored above.