Lester v Greenstone Barclay Trustees Limited HC Auckland CIV-2008-404-005159

[2011] NZHC 574

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2008-404-005159

BETWEEN  LESTER & ORS Plaintiffs

ANDGREENSTONE BARCLAY TRUSTEES LIMITED & ORS

Defendants

Counsel:         P Dale and D Grove for Plaintiffs

B Stewart QC and D J Neutze for First Defendants

Judgment:      15 June 2011 at 3:00 PM (On the papers)

COSTS JUDGMENT OF VENNING J

This judgment was delivered by me on 15 June 2011 at 3 pm pm, pursuant to Rule 11.5 of the High

Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Ellis Law, Auckland

Brookfields, Auckland

Copy to:            P J Dale/D W Grove, Auckland

B Stewart QC/D Neutze, Auckland

LESTER & ORS V GREENSTONE BARCLAY TRUSTEES LIMITED & ORS HC AK CIV-2008-404-005159

15 June 2011

[1]      The judgment of 9 December 2009 refers.   Counsel for the first defendant seeks costs.   In judgments delivered today in Hickman & Ors v Turn and Wave Limited & Ors CIV-2008-404-005871 and Icon Central Limited v Collingwood & Ors CIV-2008-404-007424 I have dealt with the issue of costs in relation to the other proceedings that were heard at the same time.

[2]      This decision should be read with those decisions, particularly Hickman & Ors.   For the reasons given in Hickman & Ors, I accept that the proceedings are properly categorised as category 3.

[3]      I accept that, as in Hickman & Ors, band 3 is the appropriate time band as the defendants would have been required to spend a comparatively large amount of time on the steps they took in the proceeding.

[4]      The plaintiffs do  not  challenge  the  disbursements,  save for querying  the double-up of the Korda Mentha and Jones Lang LaSalle costs.   However, counsel confirmed that the costs have actually been paid by the defendant.  (In the case of Jones Lang LaSalle a revised invoice was issued).

Orders

[5]      The first defendant is to have costs of $279,423 together with disbursements of $34,789.24 against the plaintiffs.

[6]      All plaintiffs named in the proceeding are jointly and severally liable to the first defendant for those costs and disbursements up to $20,000 each up to a maximum of $250,000 provided that the representative plaintiffs directly involved in the trial are jointly and severally liable to the first defendant for the total costs and

disbursements award of $314,212.24.

Venning J