MacDonald v C1 Gloucester Street Limited

[2012] NZHC 3461

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV 2010-409-001531 [2012] NZHC 3461

BETWEEN  RICHARD WILLIAM MACDONALD Plaintiff

ANDC1 GLOUCESTER STREET LIMITED Defendant

Hearing:         (On the papers)

Counsel:         H C Matthews and M A Jones for the Plaintiff

R G Smedley for the Defendant

Judgment:      17 December 2012

[COSTS] JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie

On 17 December 2012 at 4.00 pm

Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Distribution:

HC Matthews: [email protected]

MA Jones: [email protected]

RG Smedley: [email protected]

MACDONALD V C1 GLOUCESTER STREET LIMITED HC CHCH CIV 2010-409-001531 [17 December

2012]

[1]      I refer to my reserved judgment on this matter dated 30 October 2012.

[2]      In  that  judgment,  I  recorded  that  Mr  MacDonald  was  entitled  to  his reasonable costs and disbursements, and indicated a preliminary view that costs should be fixed on a 2B basis.   I invited the parties to try and agree costs and disbursements.

[3]      I also invited the parties to try and reach agreement on the interest properly payable on the deposit while it was retained by the stakeholder.

[4]      Counsel have reached agreement on all issues.  I am grateful to them in this regard.

[5]      Accordingly, I fix costs, interest and disbursements as follows:

(a)       Costs payable by the first defendant to the plaintiff:  $46,431.00;

(b)      Disbursements  payable  by  the  first  defendant  to  the  plaintiff:

$10,808.44; and

(c)       Interest earned on the deposit up to the date of judgment, payable to the plaintiff:  $19,850.39.

Wylie J