Huata v Mangaroa 26N2 Trust

The Mangaroa 26N2 Trust sued Mr and Mrs Huata for the return of leased land. The Trust claimed that the lease had expired and that the Huatas were holding over without permission. The case was heard in the High Court at Napier and the Trust succeeded in its claims. The court issued a declaration that the lease had expired and ordered possession of the land to be given to the Trust. Costs were reserved for later determination. The parties were able to agree on most of the costs but had disagreements over several specific areas. These were: the time allowed for inspection of documents, the time allowed for preparation for the hearing, the time allowed for filing the application and affidavit, and the costs for filing memoranda for case management conferences. The Trust was awarded costs on a 2B basis, with some adjustments. The Judge found that one day was reasonable for the inspection of documents, three days for preparation for the hearing, two days for filing the application and affidavit, and costs for the memoranda for case management conferences were allowed as they were required to progress the application.

The court made an award of costs to the Trust, recognising the efficiency of the parties' approach to the proceedings and the use of the originating application process. The court emphasised that the parties' approach to minimise costs and expedite claims was to be encouraged. The court adjusted the award of costs to reflect the reality of the proceedings, and awarded costs on a 2B basis in favour of the Trust.