Jones v Unknown Defendants

[2020] NZHC 2332

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-203

[2020] NZHC 2332

IN THE MATTER

of the receivership of CORE INFRASTRUCTURE LIMITED (in
receivership)

BETWEEN

KIERAN MICHAEL JONES and THOMAS

LEE RODEWALD as receivers of Core Infrastructure Limited (in receivership) Plaintiffs

AND

UNKNOWN DEFENDANTS

First defendants

JASON GOERTZEN

Second defendant

Hearing:	On the papers
Appearances:	R B Hucker and N A Muir for the plaintiffs Mr Goertzen as unrepresented
Judgment:	8 September 2020

JUDGMENT OF JAGOSE J

[Costs]

This judgment was delivered by me on 8 September 2020 at 4.30pm.

Pursuant to Rule 11.5 of the High Court Rules.

………………………… Registrar/Deputy Registrar

Solicitors:

Hucker & Associates, Auckland

JONES v GOERTZEN – Costs [2020] NZHC 2332 [8 September 2020]

[1]    My  judgment  of  21  August  2020,1  giving  summary  judgment   against Mr Goertzen on the receivers’ fifth cause of action in the amount of $500,388.81,2 expressed my preliminary view:3

… as the successful party, the receivers are entitled to 2B costs and disbursements on their steps taken in both applications. That is because, so far as I can tell, no step on these averagely complex applications required other than a normal amount of time.

but – if that was not accepted by the parties, or they could not otherwise agree – reserved the question of costs for a timetabled exchange of memoranda.4

[2]    That has been the result, Mr Goertzen responding to the receivers’ costs and disbursements claim in the amount of $29,036.80 solely to say “I disagree with all the charges as well as I have finished the company accounts and they show complete opposite[.] I will be appealing this”. No other response is forthcoming.

[3]    I have reviewed the receivers’ costs claim, calculated for 2B steps in the proceeding, and note the receivers’ acknowledgments steps now claimed cannot be claimed again on any costs claim on the balance of their causes of action, and expenses incurred exceed costs claimed.

[4]    I therefore order Mr Goertzen to pay costs in the amount of $29,036.80 to the receivers.

—Jagose J

1      Jones v Goertzen [2020] NZHC 2136.

2 At [20].

3 At [22].

4 At [23].