IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2017-409-000100
[2022] NZHC 372
BETWEEN PI-HUI BEATRICE TSAI HSU
First Plaintiff
AND
KENNETH TSAI
Second Plaintiff
AND
MARGARET ANN MAHONEY and GRAHAM PAUL MCQUEEN
First Defendants (Discontinued)
AND
BUSHNELL INVESTMENTS LIMITED
(formerly named BUSHNELL BUILDERS LIMITED)
Second DefendantAND
CHRISTCHURCH CITY COUNCIL
Third Defendant (Discontinued)
AND
LANCE PHILIP AUSTIN
Fourth Defendant
AND
BUSHNELL BUILDERS LIMITED
Fifth Defendant
Hearing: On the papers Appearances:
R G Smedley and T D Grimwood for Plaintiffs
S P Rennie and A G M Whalan for Second, Fourth and Fifth Defendants
Judgment:
8 March 2022
JUDGMENT OF JUSTICE DOOGUE
(Costs)
HSU v MAHONEY (COSTS) [2022] NZHC 372 [8 March 2022]
This judgment was delivered by me on 8 March 2022 at 9.00 am pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
Introduction
[1] On 1 July 2021, I issued a liability judgment in which I found Bushnell Investments Ltd (BIL) had breached:1
(a)the building contract by failing or neglecting to correct defects during the liability period;
(b)the warranty in the building contract by failing or neglecting to remedy defective tanking;
(c)its duty of care to the plaintiffs; and
(d)both the pleaded “RW Agreement” and the “CRMBA Agreement”.
[2]I also found that BIL’s counterclaim against the plaintiffs failed.
[3]I found the fourth defendant, Mr Austin:
(a)owed the plaintiffs a duty of care to ensure the remediation attempts he controlled on behalf of BIL were carried out to the standard of compliance with the Building Code;
(b)was negligent and breached the duty of care he owed to the plaintiffs; and
(c)exacerbated the emotional distress and harm suffered by the plaintiffs.
[4]I found BIL and Mr Austin were concurrently liable for general damages of
$25,000 to each of the plaintiffs.
[5] The plaintiffs were unsuccessful in their claim against the fifth defendant, Bushnell Builders Ltd (BBL2).
[6] In a subsequent quantum judgment dated 11 October 2021, I held that BIL was liable to the plaintiffs for the net sum of $140,724.42 plus interest.2
[7] This judgment deals with the following issues relating to costs as between the parties:
(a)some relatively minor divergence on scale costs to be applied;
(b)whether or not the plaintiffs should be entitled to a 25 per cent uplift in costs from 5 December 2019 to 4 August 2021;
(c)whether the plaintiffs should be entitled to a 75 per cent uplift in costs from 4 August 2021;
(d)whether there should be a departure from the principle that parties liable for costs will be jointly and severally liable; and
(e)whether the plaintiffs should pay costs to BBL2.
Divergence on scale costs to be applied
[8] There is little between the parties as to the costs that can be claimed against BIL by the plaintiffs on a 2B basis. The small difference between them relates to the amount of time required for a limited number of memoranda filed by…
Continue reading Hsu v Mahoney
Sign in free to access the full text
- AGLC
- Hsu v Mahoney [2022] NZHC 372
- Case
- [2022] NZHC 372
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.