Grotrian v Black

[2022] NZHC 2529

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-0939

[2022] NZHC 2529

BETWEEN

HAMISH GROTRIAN

Appellant

AND

BRYAN GEOFFERY BLACK; RYAN EDWARD BLACK

Respondents

Hearing:	On the papers at Auckland
Judgment:	5 October 2022

JUDGMENT OF POWELL J

[Costs]

This judgment was delivered by me on 5 October 2022 at 12 noon pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors/Counsel:

C Townsend, Barrister, Auckland

Copy:
H M Grotrian

GROTRIAN v BLACK [2022] NZHC 2529 [5 October 2022]

[1]                In my Minute (No. 2) dated 16 August 2022 I gave leave for the appellant, Hamish Grotrian, to withdraw his appeal subject to the issue of costs, the respondents, Bryan Black and Ryan Black, having indicated they sought costs on the withdrawn appeal.

[2]The respondents have now applied for costs on a 2B basis in the sum of

$2,270.50. Mr Grotrian opposes any award of costs. In his view any award of costs would be unfair because it was the respondents that had chosen to challenge him in a “Court environment”. There is no submission with regard to the actual sums sought.

[3]                Having considered the respondents’ application I am satisfied that an award of costs is appropriate and that the amount sought is reasonable. It is simply not at all logical for Mr Grotrian to submit that the respondents should bear the burden of costs on the appeal when it was Mr Grotrian who had the sole responsibility for lodging his appeal, was therefore responsible for bringing the respondents before the Court, and it was likewise Mr Grotrian who elected not to proceed. Mr Grotrian is therefore directly responsible for the fact the respondents were forced to incur costs in response, in circumstances where there were, as Ms Townsend submitted, a number of procedural irregularities in Mr Grotrian’s appeal.

[4]                Accordingly, the respondents are entitled to costs against Mr Grotrian in the sum of $2,270.50 and judgment is given for this sum.

Powell J