Mailley v Shaw

[2021] NZHC 3447

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2015-404-1185

[2021] NZHC 3447

BETWEEN

MARTIN MAILLEY

First Plaintiff

SABRINA NUTARELLI
Second Plaintiff

AND

ANTONY SHAW

First Defendant

TONY ELLIS (Discontinued) Second Defendant

THE NEW ZEALAND LAW SOCIETY

Third Defendant

On papers
Judgment:	14 December 2021

JUDGMENT OF TOOGOOD J

[Costs on applications for recall]

This judgment was delivered by me on 14 December 2021 at 3pm, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors:

Ord Legal, Wellington for first defendant

Lee Salmon Long, Auckland for third defendant

Copy to:
The plaintiffs

MAILLEY v SHAW [2021] NZHC 3447 [14 December 2021]

[1]                  On 28 October 2021, I issued a judgment (the recall judgment)1 in which I dismissed applications by Mr Mailley for the recall of a judgment of Associate Judge Andrew as to costs2 and a minute of the Associate Judge dated 23 April 2021 rejecting a recusal application.3

[2]                  I held that the defendants are entitled to costs calculated on a category 2B basis and set a timetable for the exchange of costs memoranda.4

[3]                  The defendants’ costs submissions were filed on 19 November 2021 in accordance with the timetable. Mr Mailley was given until 10 December 2021 to file and serve a memorandum in reply. He has not done so.

[4]                  Mr Shaw seeks increased costs with an uplift of 25 per cent from scale “on account of the Plaintiffs’ filings being without merit and repetitive” and disbursements. I am not satisfied that an award of increased costs is called for but the scale costs claimed are appropriate and Mr Shaw is entitled to disbursements as claimed.

[5]                  The New Zealand Law Society claims costs only according to scale and I am satisfied that they are correctly calculated also.

[6]Accordingly, I order:

(a)Mr Mailley shall pay Mr Shaw costs in the sum of $3,346 and disbursements of $95.65, both amounts being exclusive of GST;

(b)Mr Mailley shall pay the New Zealand Law Society costs of $1,912 exclusive of GST.

Toogood J

1      Mailley v Shaw [2021] NZHC 2876.

2      Mailley v Shaw [2021] NZHC 841.

3      Mailley v Shaw HC Auckland CIV-2015-404-1185, 23 April 2021 (Minute of Associate Judge Andrew).

4      Mailley v Shaw, above n 1 at [18].