Jabbara v Southern Cross Benefits Limited

[2023] NZHC 1044

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-0011

[2023] NZHC 1044

IN THE MATTER OF

s89 of the District Court Act 2016 and an application for transfer of proceeding to the High Court

BETWEEN

STEWAR SINGH JABBARA

Applicant

AND

SOUTHERN CROSS BENEFITS LIMITED

Respondent

Hearing:

On the papers

Appearances:

Applicant in person

C M Brick and T L Utama for respondent

Date of judgment:

3 May 2023

JUDGMENT OF JAGOSE J

[Costs]

This judgment was delivered by me on 3 May 2023 at 3.30pm.

Pursuant to Rule 11.5 of the High Court Rules.

………………………… Registrar/Deputy Registrar

Solicitors:

Fee Langstone, Auckland

Copy to:

Applicant

JABBARA v SOUTHERN CROSS BENEFITS LTD - Costs [2023] NZHC 1044 [3 May 2023]

[1]                 My 27 March 2023 judgment dismissed Mr Jabbara’s application to remove his District Court proceeding to this Court, and took the preliminary view Mr Jabbara should pay 1B costs and disbursements to Southern Cross.1

[2]                 Southern Cross claims $6,758.50 accordingly. Mr Jabbara argues Southern Cross is disentitled to costs by reason of its contended substantive actions and those impugned in the District Court. Neither is an obvious head for refusal of or reduction in costs.2 The former self-evidently has not been established, and the latter is irrelevant to costs awarded on steps taken in proceedings in this Court.3 Otherwise Mr Jabbara proposes costs be reserved pending appeal. But costs are to follow the event and to be predictable and expeditious.4 Appeal offers no ground for costs’ deferral.

[3]I order Mr Jabbara pay Southern Cross $6,758.50 in costs and disbursements.

—Jagose J

1      Jabbara v Southern Cross Benefits Limited [2023] NZHC 623 at [15]–[16].

2      High Court Rules 2016, r 14.7.

3      Rule 14.7(1)(b); Wen v Qian (Costs) [2022] NZHC 2099 at [3].

4      Rule 14.2(1)(a) and (g).