Gordhan v Kerdemelidis

[2013] NZHC 2276

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2010-409-002982 [2013] NZHC 2276

BETWEEN  MUKESH GORDHAN Plaintiff

ANDSAVVA KERDEMELIDIS Defendant

Hearing:                   3 September 2013 (on the papers) Appearances: B D Gustafson and K D Puddle for Plaintiff

G H Nation and M K Prendergast for Defendant

Judgment:                3 September 2013

JUDGMENT OF PANCKHURST J (RE:  COSTS)

Introduction

[1]      In    August    2010    the    plaintiff    obtained    a    default    judgment    for US $4.012 million plus interest against the defendant, a New Zealand resident, and others in the Eighth Judicial District Court for Clark County, Nevada, USA.  In this proceeding the plaintiff sought a judgment at common law against the defendant, since the Reciprocal Enforcement of Judgments Act 1934 does not apply to the Nevada State Court judgment.

[2]      Chisholm J heard the first aspect of the claim, whether Mr Kerdemelidis had voluntary submitted to the jurisdiction of the Nevada Court, and decided that he had not. Accordingly, judgment was entered for the defendant.

[3]      With reference to costs Chisholm J expressed a preliminary view that the defendant was entitled  to costs on the 2B scale.   He allowed counsel  to lodge

GORDHAN v KERDEMELIDIS [2013] NZHC 2276 [3 September 2013]

memoranda within one month of delivery of this judgment on 21 March 2013.  He ordered:

Otherwise, upon expiry of that period, there will automatically be an order

that the plaintiff pay the defendant’s costs on the 2B scale.

Mr Nation, by memorandum dated 13 August 2013 sought a costs award in the total sum of $58,013.11.

Evaluation

[4]      Costs calculated on the 2B scale total $36,460.50.  In addition, the defendant incurred disbursements in the sum of $24,329.61, most of which (over $18,000) represented the fee paid to a United States expert witness and the costs of an audio link to enable the witness, J H Reisman, to give evidence at a distance.

[5]      However, the defendant was legally aided for the purposes of the proceeding. His legal aid costs total $33,683.50, and therefore somewhat less than the scale 2B allowance.   The defendant is entitled to the lesser sum, plus $24,329.61 for disbursements and expert witness costs. This produces a total of $58,013.11.

[6]      These calculations were provided to the plaintiff’s representatives for review

and comment. There has been no response.

Conclusion

[7]      I am satisfied that the defendant is entitled to costs and disbursements as claimed.   I approve the draft costs order submitted for sealing in the total sum of

$58,013.11.

Solicitors:

B D Gustafson, Auckland

K D Puddle, Auckland

G H Nation, Christchurch

M K Prendergast, Christchurch