James Netzler Gladwin and Penelope v Metrowater Limited

[2002] NZCA 32

IN THE COURT OF APPEAL OF NEW ZEALAND CA 11/00

BETWEEN	JAMES NETZLER GLADWIN and PENELOPE BRIGHT
Appellants

AND	METROWATER LIMITED
Respondent

Coram:	Richardson P Gault J Blanchard J
Counsel:	R J Hooker for Appellants N D Wright and T Finlay for Respondent
Judgment (on the papers):	14 March 2002

JUDGMENT OF THE COURT DELIVERED BY RICHARDSON P

1. In dismissing the appeal the court (Richardson P, Henry J and Blanchard J) made a standard order for costs in favour of the respondent.   It transpires that the appellants were legally aided and we are satisfied, having considered the memoranda filed by counsel, that a conventional order for costs should not have been made and that it is appropriate to recall the judgment and delete that order.

2. Order accordingly.

Solicitors
Vallant Hooker & Partners, Auckland, for appellants
Chapman Tripp, Auckland, for respondent