Infinity Enterprises NZ Limited v Kinara Trustee Limited
[2020] NZCA 347
•13 August 2020 at 10 am
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA342/2019 [2020] NZCA 347 |
| BETWEEN | INFINITY ENTERPRISES NZ LIMITED |
| AND | KINARA TRUSTEE LIMITED |
| Court: | Cooper, Clifford and Stevens JJ |
Counsel: | C L Bryant and A C Eager for Appellant |
Judgment: | 13 August 2020 at 10 am |
JUDGMENT OF THE COURT
(Costs)
The respondent is to pay the appellant costs of $25,095 and disbursements of $5,434.62 in accordance with the joint memorandum of counsel dated 4 August 2020.
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REASONS OF THE COURT
In a judgment dated 27 July 2020, we allowed this appeal and dismissed the cross‑appeal, reserving the question of costs pending further submissions from the parties.[1]
[1]Infinity Enterprises NZ Ltd v Kinara Trustee Ltd [2020] NZCA 309.
The parties have since filed a joint memorandum advising the Court that costs are agreed. Thus, no further submissions are necessary.
We order the respondent to pay the appellant costs and disbursements in accordance with the schedule below, taken from the joint memorandum of counsel dated 4 August 2020.
| Steps taken by appellant and applicable time allocation item (schedule 2, band A) | Allowance | Value |
| Commencement of appeal (Item 14(a)) | 1.5 x $2,390 | 3,585 |
| Commencement of application (directions on cross‑appeal) (Item 8) | 0.5 x $2,390 | 1,195 |
| Preparation of case on appeal (Item 15) | 1.0 x $2,390 | 2,390 |
| Preparation for hearing of appeal (submissions, authorities) (Item 17) | 3.0 x $2,390 | 7,170 |
| Preparation for hearing of cross-appeal (notice to support judgment on other grounds, submissions, authorities) (Item 17) | 3.0 x $2,390 | 7,170 |
| Appearance at hearing of appeal (Item 18) | 1.0 x $2,390 | 2,390 |
| Second counsel (Item 18) | 0.5 x $2,390 | 1,195 |
| Total costs on scale | 25,095.00 | |
| Disbursements (all ex GST) | ||
| Filing fee | 956.52 | |
| Setting down fee | 2,347.83 | |
| Couriers | 363.94 | |
| Counsel’s flights, accommodation and taxis | 1,170.33 | |
| LINZ searches (case on appeal) | 56.00 | |
| Total disbursements | 5,434.62 | |
| Costs | 25,095.00 | |
| Disbursements | 5,434.62 | |
| Total (ex GST) | 30,529.62 | |
Solicitors:
Hesketh Henry, Auckland for Appellant
Murdoch Price, Manukau for Respondent
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