Jansen Limited v Petra Holdings Limited

[2013] NZHC 2282

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2012-409-000234 [2013] NZHC 2282

BETWEEN  JANSEN LIMITED First Appellant

AND  SIMON MATTHEW ADAMS and

BRENT SYDNEY EADY Second Appellants

ANDPETRA HOLDINGS LIMITED Respondent

Hearing:                   3 September 2013 (on the papers) Appearances: A M Swan for Appellants

P J Shamy for Respondent

Judgment:                3 September 2013

JUDGMENT OF PANCKHURST J (COSTS:  RE LEAVE APPLICATION)

[1]      Jansen  Limited,  as  appellant  seeks  costs  on  a  2B  basis  in  the  sum  of

$4,676.50 plus a filing fee of $241.70, following its successful application for leave to appeal to the Court of Appeal.

[2]      Petra Holdings Limited did not dispute the costs calculation, but Mr Shamy submitted that only half of the total sum claimed should be allowed, given that leave was sought on multiple grounds, only one of which was successful; and that costs should be fixed but their payment deferred until disposal of the appeal, since there

will be a need for a general wash-up at that time.

JANSEN LTD ADAMS EADY v PETRA HOLDINGS LTD [2013] NZHC 2282 [3 September 2013]

[3]      I   agree    with    both    of   the   propositions    advanced    on    behalf    of Petra Holdings Limited.   Costs are fixed in the sum of $2,338.25, together with a filing fee of $241.70, a total of $2,579.95.  Payment, or a credit, for the sum is to be made following the appeal hearing.

Solicitors:

A M Swan, Auckland

P J Shamy, Christchurch