IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2020-404-0855
[2021] NZHC 3011
UNDER The Residential Tenancies Act 1986 IN THE MATTER OF
An appeal on a question of law from the District Court under s 119 of the Act
BETWEEN
LOTHBURY MANAGEMENT LIMITED
Appellant
AND
VERENA COLLEEN RYAN AND ROGER CHARLES MACDONALD
Respondents
Hearing: On the papers Appearances:
M R T Colthart for Appellant P K Cobcroft for Respondents
Judgment:
8 November 2021
JUDGMENT OF PAUL DAVISON J
[Re: Costs]
This judgment was delivered by me on 8 November 2021 at 3pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Grant & Co., Auckland Vodanovich Law, Auckland
LOTHBURY MANAGEMENT LTD v RYAN AND ANOR [2021] NZHC 3011 [8 November 2021]
[1] In a Judgment delivered on 1 October 2021 I dismissed the appeal by Lothbury Management Limited (the appellant) against a decision of the District Court on a question of law under s 119 of the Residential Tenancies Act 1986. The proceedings relate to the appellant’s claim against the respondents for arrears of rent and associated outgoings in relation to their occupation of a residence which was formerly the matrimonial home of Mr Stuart Lobb (who is the sole director of the appellant), and the first-named respondent Ms Verena Ryan. At the conclusion of the Judgment I found that the respondents were entitled to an award of costs on a scale 2B basis and I directed the parties to file costs memoranda.1 This judgment determines the issue of costs, and also addresses the respondents’ application for an award of costs to be made against Mr Lobb personally as a non-party.
2B costs — Approach
[2] Matters relating to costs are at the discretion of the Court,2 which must be exercised on a principled basis.3 The determination of costs, so far as possible, should be both predictable and expeditious.4
[3] Rule 14.2(1)(a) provides that, “the party who fails … should pay costs to the party who succeeds”. The other relevant principles set out in r 14.2(1) are that:
(a)an award of costs should reflect the complexity and significance of the proceeding; and
(b)costs should be assessed by applying the appropriate daily recovery rate to the time considered reasonable for each step reasonably required in relation to the proceeding or interlocutory application.
[4] The successful party is entitled to recover the actual disbursements incurred that were reasonable in amount, reasonably necessary for the conduct of the proceeding, and were specific to the conduct of the proceeding.5
1 Lothbury Management Ltd v Ryan [2021] NZHC 2621 at [54].
2 High Court Rules 2016, r 14.1(1).
3 Huakiwi Copenhagen Lot 4 Orchard Ltd v Te Moana [2019] NZHC 1582 at [13]; Bi v Westcoast Mining Ltd [2020] NZHC 2940 at [14].
4 High Court Rules 2016, r 14.2(1)(g).
5 High Court Rules 2016, r 14.12. See further A C Beck and others McGechan on Procedure (loose- leaf ed, Thomson Reuters)…
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- Case
- [2021] NZHC 3011
- Decision Date
CaseChat Overview and Summary
The court ordered Lothbury Management Limited to pay the respondents $9,859.00 in costs and disbursements. The court also reserved leave for the respondents to bring an application for non-party costs against Mr Lobb if the appellant failed to comply with and pay the order for costs made against it.
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