Hi Build Limited (formerly Home Builders Bop Ltd) v Forman

[2018] NZHC 1801

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV-2017-470-000183

[2018] NZHC 1801

UNDER

The Arbitration Act 1996

IN THE MATTER

of an appeal against an arbitral award

BETWEEN

HI BUILD LIMITED (formerly HOME BUILDERS BOP LTD)

Appellant

AND

NIGEL KELVIN FORMAN and CLARE

LESLEY TURNER as trustees of the NK Forman Family Trust

Respondents

Hearing:

On the papers

Counsel:

T Conder for the Appellant

J Delaney for the Respondents

Judgment:

19 July 2018

JUDGMENT OF WOOLFORD J

[As to costs]

This judgment was delivered by me on Thursday, 19 July 2018 at 4:30 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:           Holland Beckett Law, Tauranga

Harris Tate, Tauranga

Counsel:            J Delaney, Tauranga

HI BUILD LIMITED (formerly HOME BUILDERS BOP LTD) v FORMAN [2018] NZHC 1801 [19 July 2018]

[1]                   On 6 June 2018, I gave judgment dismissing an appeal against an arbitrator’s interim award. I invited counsel to reach an agreement on costs. On 8 June 2018, counsel for the respondents sent an email to counsel for the appellant proposing payment of 2B costs of $8,632.50. No reply was received to the email or a follow-up email on 26 June 2016.

[2]                   Following the filing of a memorandum by counsel for the respondents on    28 June 2018, the Court invited a response from counsel for the appellant by 5.00 pm on 18 July 2018. Counsel for the applicant filed a memorandum on 19 July 2018 stating that he had no instructions as to costs and no response would be filed.

[3]                   In those circumstances, I see no reason to depart from the principle that costs follow the event. I also consider 2B costs to be appropriate. There will accordingly be an order that the appellant is to pay the respondents costs of $8,362.50 comprised as follows:

General civil proceedings
53	Commencement of response to appeal or cross-appeal	0.5 days	$1,115.00
56	Preparation of written submissions	3 days	$6,690.00
57	Appearance at hearing for sole counsel	0.25 days	$557.50
TOTAL	$8,362.50

Woolford J