Lobb v Westpac New Zealand Limited

[2024] NZHC 997

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2021-404-000499

[2024] NZHC 997

BETWEEN

STUART JAMES LOBB

Plaintiff

AND

WESTPAC NEW ZEALAND LIMITED

Defendant

Hearing:

On the papers

Appearances:

R J Latton for the Plaintiff

B J Upton / L B Harrison for the Defendant

Judgment:

30 April 2024

COSTS JUDGMENT OF ASSOCIATE JUDGE GARDINER

This judgment was delivered by me on 30 April 2024 at 4.00 p.m. pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date.......................................

Solicitors:

Grant & Co, Auckland Simpson Grierson, Auckland

R Latton, Auckland

LOBB v WESTPAC NEW ZEALAND LTD [2024] NZHC 997 [30 April 2024]

[1]                 In a judgment delivered on 15 January 2024, this Court determined the plaintiff’s interlocutory application for a more explicit pleading and / or further and better particulars of the defendant’s statement of defence; and for further and better discovery.1

[2]                 As the result was mixed, the parties were invited to agree costs. They have not been able to agree costs, and have filed submissions.

[3]                 The defendant submits that as it was successful in opposing six of the seven categories of particulars / discovery sought by the plaintiff in his application, the defendant is entitled to costs. The defendant suggests that as the plaintiff was successful in relation to one of the seven categories sought, the sum payable by him should be reduced by one-seventh.

[4]                 The plaintiff submits that he had substantial success in obtaining further particulars from the defendant and therefore he should be awarded costs. He accepts that pursuant to r 14.7(d) of the High Court Rules 2016, his failure on the further discovery parts of his application may warrant some small reduction in the costs to be awarded to him.

[5]                 My assessment is that Mr Lobb was the successful party in the application for further and better particulars or a more explicit statement of claim. While I declined to order Westpac to provide further particulars on one paragraph of the statement of defence, Mr Lobb was otherwise successful in relation to this application.

[6]                 However, Mr Lobb was substantially unsuccessful in his application for particular discovery.

1      Lobb v Westpac NZ Ltd [2024] NZHC 16.

[7]                 In these circumstances I consider that the parties should bear their own costs. Accordingly, I refuse to make an order for costs, pursuant to rule 14.7.

Associate Judge Gardiner