Harrison v Keogh

[2016] NZHC 1820

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-001571 [2016] NZHC 1820

BETWEEN

AIDAN JOSEPH HARRISON

First Appellant

AND

WELLINGTON CITY HELICOPTERS LIMITED

Second Appellant

AND

JOHN PATRICK JOSEPH KEOGH Respondent

Hearing:	On the papers
Counsel:	M B Beech & T J Conder for the Appellants Respondent in person
Judgment:	8 August 2016

JUDGMENT OF NATION J

[1]      Mr Keogh seeks costs on the appellants’ application for leave to appeal.  On that application, Mr Keogh was successful.  The application for leave to appeal was dismissed.

[2]      Mr Keogh was self-represented at the hearing.

[3]      Mr  Keogh  has  made  a  claim  for  disbursements.    These  are  accepted  as reasonable by the appellants except for an amount Mr Keogh has claimed for legal costs which he incurred in obtaining assistance with the preparation of submissions for argument.  Mr Conder, for the appellants, points out that he is seeking indemnity costs for the work done by the solicitors.  The amount he is seeking is significantly more than the amount that would be awarded for preparation on a 2B basis under

schedule 3 of the High Court Rules.

HARRISON v KEOGH [2016] NZHC 1820 [8 August 2016]

[4]      I accept that the amount Mr Keogh should be awarded is the amount that would be available on an application of schedule 3 of the High Court Rules on a 2B basis.

[5]      Mr Keogh must provide the registrar with details of the disbursements he has claimed which have been accepted by the appellants.

[6]      Mr Keogh is entitled to costs from the first and second appellant jointly and severally for disbursements as approved by the registrar and for legal costs incurred in preparation of submissions in the sum of $3,345.

Solicitors:

Holland Beckett, Tauranga

Copy to: J P J Keogh, Wellington.