Gounden v Lovegrove Realty Limited

[2013] NZHC 158

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-001414 [2013] NZHC 158

UNDER  the Judicature Act 1908

BETWEEN  LATCHMAN GOUNDEN Appellant

ANDLOVEGROVE REALTY LIMITED Respondent

Hearing:         24 and 27 August 2012 [On the Papers]

Counsel:         S Singh for the Appellant

J A K Waymouth for the Respondent

Judgment:      11 February 2013

JUDGMENT OF DUFFY J [Re Costs]

This judgment was delivered by Justice Duffy on 11 February 2013 at 4.30 pm, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar
Date:

Counsel:     J A K Waymouth P O Box 302690 North Harbour Auckland 0751 for the

Respondent

Solicitor:     S  Singh  C/-  D  Singh  P  O  Box  10018  Dominion  Road  Auckland  1446 (DX CP37512) for the Appellant

GOUNDEN v LOVEGROVE REALTY LTD HC AK CIV-2012-404-001414 [11 February 2013]

[1]      I have carefully considered the memoranda regarding costs.  I see no reason why costs should not be ordered in accordance with the usual approach.   The appellant was successful on appeal and, therefore, in principle, costs should follow the event.  Wylie J’s Minute dated 30 April 2012 fixed costs on a 2B band and so in principle,  that  is  the  appropriate  award  that  should  be  made  in  favour  of  the appellant.

[2]      The respondent has pointed to the appellant’s conduct in other jurisdictions as being disentitling conduct for an award of costs, and seeks instead for an order that costs lie where they fall.

[3]      I do not consider that I am in an appropriate position to make determinations on the propriety of the appellant’s conduct in other jurisdictions.   Further, if the appellant has conducted himself improperly in those jurisdictions in regard to related matters, it is for that jurisdiction to deal with the conduct.

[4]      It follows that following his successful appeal, the appellant is entitled to scale costs at category 2B of the High Court Rules, as well as reasonable disbursements.  If the parties cannot reach agreement on the disbursements, they are to be determined by the Registrar.

Duffy J