Khyber Automotive European Specialist Limited v Gray

[2019] NZHC 2201

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-290

2019 NZHC 2201

BETWEEN

KHYBER AUTOMOTIVE EUROPEAN SPECIALIST LIMITED
Applicant

AND

NORMAN DAVID GRAY, ELEANOR ANNE GRAY and D.G. TRUSTEE COMPANY (2012) LIMITED

Respondents

On the papers
Appearances:	No appearance for and on behalf of the Applicant J A Rafiei for the Respondents
Judgment:	4 September 2019

COSTS JUDGMENT OF WALKER J

This judgment was delivered by me on 4 September 2019 at 4.00 pm Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

KHYBER AUTOMOTIVE EUROPEAN SPECIALIST LIMITED v GRAY& ORS 2019 NZHC 2201

[4 September 2019]

[1]    By Judgment delivered 2 September 2019,1 I dismissed the application for relief against cancellation of a lease and made an order for costs against the applicant, Khyber Automative European Specialist Limited (Khyber).

[2]I have now received the respondents’ memorandum of costs.

[3]    The applicant has taken no  further  steps  since  its  solicitor  withdrew  on 21 August 2019.

[4]    The respondents seek indemnity costs pursuant to an unsigned lease agreement (clause 6.1). Although unsigned, it has been the basis of the relationship between landlord and tenant, and Khyber has previously met invoices for legal costs invoiced to it in reliance on this clause 6.1.

[5]    I note that the indemnity costs which the respondents seek are less than the scale costs (with uplift) put forward on an alternative basis.

[6]    I make an order that the applicant, Khyber, pay costs of $11,152.64 in accordance with Schedule 1 of the respondents’ memorandum.

..................................................

Walker J

1      Khyber Automotive European Specialist Limited v Gray & Ors [2019] NZHC 2178.