JEANNE ISABELLA NEILL AND NEILL ISLAND FARMS LIMITED

[2024] NZHC 2981

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV 2024-470-000016

[2024] NZHC 2981

UNDER

the Residential Tenancies Act 1986

BETWEEN

JEANNE ISABELLA NEILL

Appellant

AND

NEILL ISLAND FARMS LIMITED

Respondent

On the papers

Counsel:

A Little for the Appellant

P Anderson for the Respondent

Judgment:

14 October 2024

JUDGMENT OF TAHANA J

[Costs]

This judgment was delivered by me on 14 October 2024 at 2.30pm Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Solicitors:

Gibson Sheat Lawyers, Wellington Cooney Lees Morgan

NEILL v NEILL ISLAND FARMS LIMITED [Costs] [2024] NZHC 2981 [14 October 2024]

Claim for costs

[1]    The respondent seeks 2B costs. The appellant does not oppose the respondent’s claim other than the claim for costs of $956 for its memorandum on costs.

Costs on costs

[2]    The circumstances in which costs on costs will be awarded have been helpfully summarised in The Law of Costs in New Zealand:1

… the courts will usually only award costs on costs in one of three circumstances: first, where a party is shown to be wholly successful in its costs claim, or an unsuccessful party has advanced a clearly unmeritorious argument; second, where there is some complexity or genuine dispute as to the availability of costs or their quantum, and the successful party has gone to considerable time and expense addressing that ambiguity over the unsuccessful party’s reasonable opposition; and third, where a party fails to accept or engage with a reasonable offer to agree or settle costs issues without the determination of the court. Where, the parties are seen to both have had some measure of success or to have both contributed to the inability to resolve costs issues without the assistance of the court, there will usually be no costs order in respect of steps concerning costs.

(footnotes omitted)

[3]    Given the appellant did not oppose 2B costs, costs could have been resolved without the need for any memoranda. I do not consider that it is appropriate in these circumstances to award costs on costs against the appellant.

Result

[4]    The respondent is entitled to 2B costs as set out in its costs memorandum except for costs of $956 for filing its costs memorandum dated 17 September 2024.

Tahana J

1      David Bullock and Tim Mullins The Law of Costs in New Zealand (LexisNexis, Wellington, 2022) at [4.23].