Krzanic v Sullivan

[2015] NZHC 2203

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-005275 [2015] NZHC 2203

BETWEEN

MARINA ZELKA KRZANIC

First Plaintiff

AND

DRAGI PETER KRZANIC AND LUTKA KRZANIC AND MARINA ZELKA KRZANIC Second Plaintiffs

AND

TIMOTHY PETER SULLIVAN Defendant

Hearing:	11 September 2015 (on the papers)
Counsel:	H McIntosh for the Plaintiffs Defendant in person
Judgment:	11 September 2015

JUDGMENT OF NATION J

[1]      In my judgment of 6 August 2015, I said the plaintiff was entitled to costs on a 2B basis with the first disbursements to be fixed by the Registrar.  I indicated the parties could file memoranda if there was any dispute as to what those costs should be.

[2]      Solicitors for the plaintiff have provided the Court with a schedule setting out what they consider those costs to be.   Mr Sullivan has filed a memorandum in response.

[3]      Mr Sullivan does not disagree with the particular amounts claimed.  Instead, he submits that he should not have been ordered to pay costs.  In essence, he says the

costs of these proceedings could have been avoided if the plaintiffs had accepted his

KRZANIC & KRZANIC v SULLIVAN [2015] NZHC 2203 [11 September 2015]

position that the plaintiffs claim over the debt should have been dealt with only as part of relationship property proceedings.  In particular, he referred to an open letter he had sent to the plaintiffs on 13 July 2015 in which he indicated he would sign an admission of claim which could be held by the plaintiffs pending hearing of the Family Court proceedings.

[4]      Although I have already given a judgment that the plaintiffs are entitled to costs,  given  that  Mr  Sullivan  was  representing  himself,  I  will  deal  with  the arguments he has raised.

[5]      The great bulk of the costs to which the plaintiffs are entitled relate to steps they took in the proceedings before 13 July 2015.  Up to that point, Mr Sullivan was disputing whether there was a debt for the amounts claimed.  As late as 17 April

2015, Associate Judge Bell recorded the basis on which Mr Sullivan was disputing liability for the debts.

[6]      Mr Sullivan’s earlier attempts to have the proceedings struck out had been

unsuccessful.

[7]      The  plaintiffs  were  entitled  to  take  all  the  steps  with  which  they  were involved during the proceedings.  They had to prepare for the hearing, including the preparation of the bundle of documents and briefs of evidence, and they had to do that on the basis Mr Sullivan was attempting to pursue the defences he had earlier referred to in the proceedings.

[8]      On that basis, the plaintiffs were entitled to the order for costs which I made in my judgment.  Mr Sullivan has not disputed the specific amounts that are claimed on a 2B basis.

[9]      There being no dispute as to the actual amounts claimed, I make an order that the plaintiffs are entitled to costs in the sum of $51,813 together with disbursements as set out in the schedule provided to the Court.

[10]     Accordingly, I make an order in terms of the draft order as to costs attached to the memorandum of the solicitor for the plaintiffs dated 21 August 2015.

Solicitors:

Greg Kelly Law Limited, Wellington

Copy to defendant.