Jacomb v Jacomb

[2020] NZHC 2990

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2019-485-503

[2020] NZHC 2990

UNDER

the inherent jurisdiction of the High Court to supervise Trusts and Part 18 of the High Court Rules 2016

BETWEEN

VERONICA JACOMB

Plaintiff

AND

MICHAEL JOHN JACOMB

First Defendant

TRENA KATHLEEN JACOMB

Second Defendant

GENSET TRUSTEE LTD

Third Defendant

RLA TRUSTEE SERVICES NO 52 LTD

Fourth Defendant

Hearing:

On the papers

Appearances:

N A Farrands for the Plaintiff

N M Pender and A C Dartnall for the Defendants

Judgment:

12 November 2020

JUDGMENT OF COOKE J

(Costs)

[1]                  By judgment dated 21 July 2020 I dismissed the plaintiff’s claims in this proceeding.1 I indicated that the defendants were entitled to costs and that if costs could not be resolved I would receive memoranda from counsel. I directed that any

1      Jacomb v Jacomb [2020] NZHC 1764; (2020) 5 NZTR 30-010.

JACOMB v JACOMB [2020] NZHC 2990 [12 November 2020]

memorandum claiming costs was to be filed within 15 working days, and any memorandum in response 10 working days thereafter.2

[2]                  By memorandum dated 9 October 2020 counsel for the defendants has indicated that the defendants have sought costs. The memorandum records that the defendants had sought costs in the amount of $23,781, and that this was then discussed at length with plaintiff’s counsel. The memorandum records counsel had then agreed the defendants would receive total costs of $15,610.

[3]                  The memorandum then records that on 25 September 2020 counsel for the plaintiff informed counsel for the defendants that they should deal directly with the plaintiff. Counsel records that a draft copy of this memorandum was then provided to the plaintiff on 2 October 2020 for an opportunity to comment, but that no reply has been received.

[4]                  I asked the Registry to follow up with counsel for the plaintiff, who are still on the record for the plaintiff, what the position was. He has responded by email stating “We no longer have instructions and Ms Jacomb is now representing herself”.

[5]                  I assume from the memorandum of counsel of the defendants that the amount the defendants seek to be ordered by way of costs is the $15,610. In the absence of any response to such a claim for the solicitors or counsel on the record for the plaintiff, or the plaintiff herself, and the reasonableness of the sum sought, I duly award that amount.

Cooke J

Solicitors:

Morrison Kent, Auckland for the Plaintiff Franks Ogilvie, Wellington for the Defendants

2 At [90].