James Developments Limited v Mana Property Trustee

[2009] NZCA 604

IN THE COURT OF APPEAL OF NEW ZEALAND

CA241/2009
[2009] NZCA 604

BETWEENJAMES DEVELOPMENTS LTD

Appellant

ANDMANA PROPERTY TRUSTEE LTD

Respondent

Court:Hammond, Harrison and Miller JJ

Counsel:C S Withnall QC and R Ahdar for Appellant

J McCartney SC for Respondent

Judgment:18 December 2009 at noon

(on the papers)

NO. 2 (COSTS) JUDGMENT OF THE COURT

A           Costs in the High Court are to be fixed in that Court.

BIn this Court, the respondent must pay to the appellant costs for a standard appeal on a band B basis and usual disbursements.  We certify for second counsel.

REASONS OF THE COURT

(Given by Hammond J)

[1] We delivered our judgment on the merits of this appeal on 19 October 2009: [2009] NZCA 483.

[2]        In [39] of that judgment we reserved costs.  Counsel have now filed memoranda.

[3]        Costs in the High Court are to be fixed in that Court.

[4]        In this Court, we consider that the usual rule – that costs should follow the event – should obtain.  The respondent must pay to the appellant costs for a standard appeal on a band B basis and usual disbursements.  We certify for second counsel.

Solicitors:

La Hood Van Aart, Dunedin for Appellant

Graeme Skeates Law, Auckland for Respondent