Jasani v Vincent Capital Limited

[2019] NZHC 146

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2018-404-2731

[2019] NZHC 146

BETWEEN

SHAMEER JASANI

Plaintiff

AND

VINCENT CAPITAL LIMITED

Defendant

Hearing:	On the papers
Appearances:	G K Holm-Hansen for the plaintiff M D Arthur for the defendant
Judgment:	13 February 2019

JUDGMENT OF JAGOSE J

[Costs]

This judgment is delivered by me on 13 February 2019 at 3.00 pm pursuant to r 11.5 of the High Court Rules.

.....................................................

Registrar / Deputy Registrar

Solicitors:

Hesketh Henry, Auckland (plaintiff) Chapman Tripp, Auckland (defendant)

JASANI v VINCENT CAPITAL LTD [2019] NZHC 146 [13 February 2019]

[1]                 My judgment of 17 December 2018 dismissed the plaintiff’s urgent application for interim relief, and reserved costs in favour of the defendant.

[2]The defendant now seeks indemnity costs and disbursements in terms of clause

14.1 of its Facility Loan Agreement with the plaintiff, dated 26 June 2018. The plaintiff agrees that is the defendant’s entitlement,1 but disputes the costs claimed are reasonable “having regard for to the rates charged, the overall fee sought, and the lack of detail provided in respect of some of the costs claimed”. In particular dispute is the reasonableness of the defendant’s solicitors’ charging and work practices.

[3]                 As discussed without objection from counsel at the outset of the application’s substantive hearing, until relatively recently, I was a long-standing litigation partner in the defendant’s solicitors’ firm, Chapman Tripp. Although that presented no issue for my determination of the application, in deciding costs, I cannot disregard my comprehensions of the firm’s charging and work practices. That makes it inappropriate for me to decide the disputes raised.

[4]                 Given the parties’ agreement, I therefore will order the plaintiff to pay the defendant indemnity costs, being “the actual costs, disbursements and witness expenses reasonably incurred” by the defendant,2 but make provision for the quantification of such to be determined by the Registrar in accordance with Subpart 2 of Part 14 of the High Court Rules. Such determination is then subject to review.3

[5]I order the defendant is entitled to indemnity costs as taxed.

—Jagose J

1      HCR 14.6(4)(e).

2      HCR 14.6(1)(b).

3      HCR 14.23.