Haines v Memelink

[2024] NZCA 373

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA807/2023
 [2024] NZCA 373

BETWEEN	QUENTIN STOBART HAINES First Applicant
AND	BPE TRUSTEES (NO 1) LIMITED Second Applicant
AND	QUENTIN HAINES PROPERTIES LIMITED Third Applicant
AND	HARRY MEMELINK AND CISCA FORSTER AS TRUSTEES OF THE LINK TRUST NO 1 (IN RECEIVERSHIP) Respondents

Court:	French and Mallon JJ
Counsel:	C R Carruthers KC and J P Dallas for First, Second and Third Applicants J D Haig and R O Williams for Respondents
Judgment: (On the papers)	8 August 2024 at 1.30 pm

JUDGMENT OF THE COURT
(Costs)

The applicants must pay one set of costs to the respondents in the sum of $10,182.10.

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REASONS OF THE COURT

(Given by French J)

1. In a judgment delivered on 20 June 2024, this Court declined the applicants’ application for an extension of time to appeal under r 29A of the Court of Appeal (Civil) Rules 2005.[1]  Leave was reserved to the parties to make further submissions on costs because the respondents were seeking indemnity costs pursuant to contractual provisions in the assigned loans at issue in the proceeding.[2]

   [1]Haines v Memelink [2024] NZCA 245 at [49].

   [2]At [48] and [50].

2. The parties have now filed those submissions.

3. In support of their claim for indemnity costs, the respondents have provided a detailed schedule of the costs incurred.  These total $10,182.10, inclusive of GST.  For their part, the applicants accept that the respondents are contractually entitled to indemnity costs.  Having reviewed the time sheets, counsel for the applicants also accepts the time sheets appear to be an accurate reflection of the time spent on an indemnity basis.  The applicants therefore do not oppose an order for costs being made in the sum sought by the respondents.

4. We have satisfied ourselves that the respondents are entitled to costs on an indemnity basis and that the amount sought is reasonable.

5. We therefore order that the applicants pay one set of costs to the respondents in the sum of $10,182.10.

Solicitors:
JD Dallas, Wellington for First, Second and Third Applicants
Gibson Sheat, Wellington for Respondents