Lobb v Ryan

[2023] NZHC 2180

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-000441

[2023] NZHC 2180

BETWEEN

STUART JAMES LOBB

Plaintiff

AND

VERENA COLLEEN RYAN

Defendant

Hearing:	On the papers
Appearances:	K Kommu for the Plaintiff L Dixon for the Defendant
Judgment:	15 August 2023

COSTS JUDGMENT OF WALKER J

This judgment was delivered by me on 15 August 2023 at 11 am Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

LOBB v RYAN [2023] NZHC 2180 [15 August 2023]

[1]        I have today received memoranda from the parties relating to costs following delivery of my judgment dated 29 May 2023. It appears that these were not referred to me earlier through administrative oversight.

[2]        In my substantive judgment I declined to set aside a notice of appearance to protest jurisdiction filed by the defendant/respondent. Consequently, I dismissed the proceedings in their entirety in accordance with the High Court Rules 2016.

[3]        The defendant/respondent now seeks costs on a 2B basis together with disbursements. The sum claimed in total is $13,188.

[4]        Counsel for the plaintiff/applicant responsibly does not take issue with any of the claimed steps or disbursements. However, he submits that one of the issues pursued on behalf of the defendant/respondent was an unnecessary argument in the context of the application to set aside the protest and lacked merit for the purpose of r 14.7(f)(2). He submits that the costs on a 2B basis should therefore be discounted by 20 per cent.

[5]        I disagree with that proposition. Although I concluded that the judgment of Hinton J did not answer the application (and put it to one side for the purposes of deciding jurisdiction) it took up little time at the hearing and bore some contextual relevance. I therefore decline to discount the costs claim.

[6]        As a result, I make an order for costs inclusive of disbursements in favour of the defendant/respondent in the sum of $13,188.

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

Walker J