Giggle HQ Limited v Giggle Developments Limited

[2023] NZHC 3785

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-2418

[2023] NZHC 3785

UNDER

Rule 7.48 and Part 19 of the High Court Rules 2016 and s 16 of the Contempt of Court Act 2019

BETWEEN

GIGGLE HQ LIMITED

Applicant

AND

GIGGLE DEVELOPMENTS LIMITED

First Respondent

DARREN GARY SHAW

Second Respondent

Hearing:	On the papers
Counsel:	J V R James for Applicant S Elliott for Respondents
Judgment:	19 December 2023

JUDGMENT OF LANG J

[costs]

This judgment was delivered by Justice Lang On 19 December 2023 at 12.00 noon

Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors/counsel:

Anthony Harper, Auckland

Insight Legal Ltd, Warkworth/S Elliott, Auckland

GIGGLE HQ LTD v GIGGLE DEVELOPMENTS LTD [2023] NZHC 3785 [19 December 2023]

[1]    On 8 December 2023, I dismissed an application by the applicant seeking findings of contempt against the respondents.1 The parties have been unable to reach agreement regarding costs. I am therefore required to fix costs on the basis of the memoranda filed by both parties.

[2]    It is common ground that costs ought to be fixed in accordance with category 2 band B. The issue between the parties relates to the steps for which costs may legitimately be claimed.

[3]    Having received the submissions filed by both counsel, I am satisfied that the respondents are entitled to recover costs in accordance with the schedule set out at paragraph 5 of the memorandum of counsel dated 18 December 2023. However, the parties need to note that the costs claimed in relation to the case management conferences held on 26 October and 6 December 2023 will not now be able to be claimed in CIV-2023-463-11.

Lang J

1      Giggle HQ Ltd v Giggle Developments Ltd [2023] NZHC 3564.