Jensen v Registrar General of Land

[2014] NZHC 287

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-3096 [2014] NZHC 287

UNDER  the Land Transfer Act 1952 and the

Declaratory Judgments Act 1908

BETWEEN  MALCOLM IAN JENSEN, KATHARINA AGNES LOUISA ELIZABETH JENSEN, MURRAY DARROCH WARIN AND ROBYN WARIN

Plaintiffs

ANDREGISTRAR GENERAL OF LAND Defendant

Hearing:                   5 December 2013

Counsel:                  W W Peters for the Plaintiffs

S McKechnie and R Wanigasekera for the Defendant

Judgment:                26 February 2014

COSTS JUDGMENT OF BROWN J

This judgment was delivered by me on 26 February 2014 at 11 am, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:      Crown Law, Wellington 6140

Wayne Peters Law, Whangarei

JENSEN v REGISTRAR GENERAL OF LAND [2014] NZHC 287 [26 February 2014]

[1]      In accordance with the direction in [89] of my judgment of 20 December

2013 the parties have filed memoranda as to costs.

[2]      The defendant seeks costs on a 2B scale basis together with reasonable disbursements and notes that the parties have previously agreed to costs on a 2B basis by joint memorandum dated 5 August 2013.  Furthermore no claims have been made for the time or expenses of junior counsel.

[3]      Counsel for the plaintiff accepts that costs on a 2B basis are appropriate. However he invites the court to invoke its discretion and consider whether a costs order even on the basis of scale costs is appropriate.  In support of that submission he contends that this is a clear instance of a case where the plaintiffs have come to the court in circumstances where they have done no wrong and have been characterised previously as “innocent purchasers”.

[4]      While I am cognisant of the disappointing history of this matter from the plaintiffs’ perspective, the fact is that their proceeding in this court has been found to be without legal justification and consequently the defendant is entitled to costs.  The level of costs sought is very reasonable.

[5]      In those circumstances I make an order for costs and disbursements in favour of the defendant in the total sum of $13,837.44 in accordance with the schedule

annexed to the memorandum of counsel for the defendant dated 31 January 2014.

Brown J