Geostel Vision Limited v Oraka Technologies Limited

This case involves an appeal concerning the awarding of costs and disbursements to the appellants, Geostel Vision Limited, Paul Daynes, and the Estate of Gordon Robertson in CA254/2018, and Napier Tool & Die Limited in CA261/2018, against the respondents, Oraka Technologies Limited, Oraka Graders Limited, and Michael William Schwarz. The Court of Appeal awarded costs and disbursements to the appellants for a standard appeal on a band A basis in a prior judgment. The appellants subsequently submitted memoranda detailing the amounts claimed for costs and disbursements.

The central legal issue before the Court was whether the amounts claimed by the appellants for costs and disbursements were appropriate and should be awarded to them. The appellants claimed costs for a half share of the time allocation for each joint memorandum of counsel filed on their behalf and for preparing the case on appeal, along with the associated disbursements. The respondents did not oppose the costs memoranda, and the Court needed to determine if the methodology and the amounts claimed were appropriate.

The Court found that the methodology and the amounts claimed were appropriate and made orders that the respondents were liable on a joint and several basis to pay the appellants the costs and disbursements as set out in the memoranda. The Court noted that the category 2 rate in Schedule 2 to the High Court Rules 2016 had changed on 1 August 2019, resulting in two different daily rates applying to steps in the appeal based on r 53C of the Court of Appeal (Civil) Rules 2005. As such, the costs were calculated according to the appropriate rates for the different steps in the appeal.

The Court ordered that the respondents are liable on a joint and several basis to pay the appellants the costs and disbursements as set out in the memoranda. Napier Tool & Die Limited was awarded costs and disbursements totalling $21,109.15, and Geostel Vision Limited was awarded costs and disbursements totalling $21,274.64.