Johnstone v Johnstone

[2015] NZHC 2439

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2015-404-493 [2015] NZHC 2439

BETWEEN

CAMPBELL GRAHAM JOHNSTONE

Appellant

AND

JOANNE MARGARET JOHNSTONE Respondent

Inchambers:	On papers
Judgment:	6 October 2015

JUDGMENT OF THE HON JUSTICE KÓS (Costs)

[1]      My  judgment  of  28  August  2015  dismissed  this  appeal.1    Costs  were reserved.

[2]      The appellant accepts he must pay costs.  There is agreement that the costs should be awarded on a category 2 band B basis, and that $150 for disbursements is appropriate.

[3]      There is disagreement on three points.  Having considered the submissions, and essentially for reasons given by Mr Gilchrist in his reply submissions, I am satisfied the costs sought by the respondent are appropriate.  Specifically:

(a)       item 53 is applicable, (despite the absence of a cross appeal);

(b)item 54 is applicable (the post hearing attendances being required by the Court and arising from the prosecution of the appeal); and

1      Johnstone v Johnstone [2015] NZHC 2047.

JOHNSTONE v JOHNSTONE [2015] NZHC 2439 [6 October 2015]

(c)       the augmented daily rate of $2,250 applies as from 1 July 2015 in accordance   with  the      High Court   Amendment                Rules    2015

(SR 2015/102).

Result

[4]      Accordingly there will be costs in favour of the respondent in the sum of

$11,010 together with disbursements of $150.

Stephen Kós J

Solicitors:

Glaister Ennor, Auckland for Appellant

Richard Wood, Auckland for Respondent