Hawkes Bay Property Holdings Limited v Nisbet HC Wellington CIV 2007-485-1048

[2007] NZHC 1920

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2007-485-001048

BETWEEN  HAWKES BAY PROPERTY HOLDINGS LIMITED

Applicant

ANDCRAIG GRANT SCOTT NISBET First Respondent

ANDERNEST WILLIAM GARTRELL Second Respondent

CIV 2007-485-001130

AND BETWEEN             CRAIG GRANT SCOTT NISBET Applicant

ANDHAWKES BAY PROPERTY HOLDINGS LIMITED

Respondent

Hearing:         26 June 2007

Appearances: R J Gordon for Hawkes Bay Property Holdings Limited

P Cranney for CGS Nisbet and E W Gartrell

Judgment:      27 June 2007

JUDGMENT OF ASSOCIATE JUDGE CHRISTIANSEN

[1]      These two matters, which involve issues around the attempt by Mr Nisbet to

register  a  caveat  over  Hawkes  Bay  Property  Holdings  Limited’s  Blue  Bay

HAWKES BAY PROPERTY HOLDINGS LIMITED  V NISBET AND ANOR HC WN CIV 2007-485-001048

27 June 2007

subdivision  in  the  Hawkes  Bay,  were  due  for  hearing  before  me  at  a  fixture scheduled for this afternoon.

[2]      At 11 am this morning the Court received a facsimile copy of a notice of discontinuance in relation to the 1130 proceeding.  In the result there is only an issue for costs outstanding on that proceeding.  Largely also it resolves the issues in the

1048 claim.  As there is no opposition to the making of an order forbidding further attempts to lodge caveats I do order that Mr Nisbet nor any person on his behalf shall lodge any further caveat over the titles to the subject properties owned by Hawkes Bay Property Holdings Limited.

[3]      Regarding the claims for damages and costs, it is my view that the damages provisions contained in s 146 provide for payment of compensation.   There is no evidence of damage before the Court, but as Mr Gordon submits, the question of damages is really a matter to be considered along with the application for costs.

[4]      He submitted costs should be awarded on a 2B scale for both proceedings. Mr Gordon’s schedule particularises aspects of  a 2B award.  In my judgment such an award is properly made upon the 1048 proceeding and I direct costs be paid to Hawkes Bay Property Holdings Limited by Mr Nisbet in the amount contained in Mr Gordon’s calculation of costs.

[5]      Concerning the application for costs on the discontinued 1130 proceeding, I accept Mr Cranney’s submission that there is an element of duplication in process and in paper affecting the two proceedings and that a significant discount on a scale

2B award is appropriate.   Accordingly, on that proceeding I direct Mr Nisbet to pay to Hawkes Bay Property Holdings Limited the sum of $1,900 inclusive of disbursements.

[6]      In the prayer for relief in the 1048 proceeding costs were also sought against Mr Gartrell.  I have formed the view from the papers that Mr Gartrell’s actions can be considered those of a lawyer intent on doing his best for his client.  At all times he was acting for his client and he should bear no responsibility for payment of costs in

the outcome.

Associate Judge Christiansen

Solicitors:
Buddle Findlay, Wellington, for Hawkes Bay Property Holdings Limited
Oakley Moran, Wellington, for CGS Nisbet and EW Gartrell