Jacomb v Wikeley

[2013] NZHC 1373

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2010-485-0997 [2013] NZHC 1373

BETWEEN  MICHAEL JOHN JACOMB, TRENE KATHLEEN JACOMB AND PETER REGINALD RICHARDSON Plaintiffs

ANDKENNETH DAVID WIKELEY Defendant

On papers

Counsel:                  G J Toebes with J W G Grant for Plaintiffs

M J W Lenihan for Defendant

Judgment:                11 June 2013

JUDGMENT OF THE HON JUSTICE KÓS

[1]      On 10 April 2013 I gave judgment for the plaintiffs in their claim against the defendant.  That claim was based on personal guarantees given by the defendant in respect of four loans made by the plaintiffs to a company called Edel Metals Group Limited.

[2]      Costs were reserved.

[3]      A  memorandum  seeking  costs  has  been  submitted  by  counsel  for  the plaintiffs.  It has been evaluated and adjusted by the Registrar.  I am satisfied that the Registrar’s evaluation and adjustment is correct.

[4]      Counsel for the defendant has filed a memorandum advising that he has been unable to obtain instructions from his client.

JACOMB & ORS v WIKELEY [2013] NZHC 1373 [11 June 2013]

[5]      There will be an order for costs in favour of the plaintiffs in the sum of

$45,644 together with disbursements of $11,390.30.

Stephen Kós J

Solicitors:

JTLaw, Wellington for Plaintiffs
Jones Young, Auckland for Defendant