Jules Consultancy Limited v Roberts

[2020] NZHC 1373

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2017-485-130

[2020] NZHC 1373

UNDER

the Fair Trading Act 1986

BETWEEN

JULES CONSULTANCY LIMITED

First Applicant

JULES LELOIR
Second Applicant

AND

MICHAEL DOUGLAS ROBERTS

Respondent

CIV-2020-485-80

UNDER

Section 290 of the Companies Act 1993

BETWEEN

JULES CONSULTANCY LIMITED

Applicant

AND

MICHAEL DOUGLAS ROBERTS

Respondent

Counsel:

B M Easton and H E T Thomson for Mr Roberts

J K Mahuta-Coyle for Jules Consultancy Ltd and Ms Leloir

Minute:

18 June 2020

COSTS JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[On the papers]

[1]This is a costs application relating to two interlocutory applications:

JULES CONSULTANCY LIMITED v ROBERTS [2020] NZHC 1373 [18 June 2020]

(a)By Jules Consultancy Ltd and Jules Leloir dated 20 February 2020 for a stay of enforcement of the judgment of her Honour Justice Thomas dated 17 December 2019; and

(b)By Jules Consulting Ltd dated 20 February 2020 for an order setting aside a statutory demand served on the company by the respondent, Mr M D Roberts.

[2]        Both applications were abandoned the day before they were scheduled to be heard on 29 April 2020.

[3]        By memorandum dated 25 May 2020 the respondent sought costs on the abandonment of the applications. That memorandum was filed under cover of an email dated 25 May 2020 which was directed not only to the court but also to the applicants’ solicitors and counsel.

[4]        The same day the Registrar responsible for the file emailed the applicants’ solicitors and counsel asking that they file a response by 3.00 pm on Wednesday 27 May 2020. No response has been forthcoming.

[5]        The respondent seeks costs of a 2B basis against both applicants in relation to the first application, and against the first applicant in relation to the second application (the second applicant was not a party to the second application).

[6]        I have reviewed Mr Easton’s calculation of costs on a 2B basis which appears to me to be correct.

[7]In the absence of any opposition, I award costs to the respondent in the sum of

$11,233 together with disbursements of $220. The first applicant, Jules Consultancy Ltd, is to be liable for the full amount of those costs and disbursements. The second

applicant, Jules Leloir, is to be liable only for costs of $6,453 and disbursements of

$110.

Associate Judge Johnston

Solicitors:

Grimshaw & Co, Auckland for Mr Roberts

P H Mitchell, Wellington for Jules Consultancy Ltd and Ms Leloir