Marchand v Jackson

[2012] NZHC 3260

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV 2011-409-810 [2012] NZHC 3260

BETWEEN  NICOLA JAYNE MARCHAND, JACQUES RENARD MARCHAND AND PATRICK GREGORY COSTELLOE

First Plaintiffs

ANDNICOLA JAYNE MARCHAND AND JACQUES RENARD MARCHAND Second Plaintiffs

ANDJOHN F JACKSON Defendant

On papers

ANDIAG NEW ZEALAND LIMITED Third Party

Judgment:      4 December 2012

JUDGMENT OF THE HON JUSTICE KÓS (Costs)

[1]      My judgment of 2 November 2012 provided that the first plaintiffs were entitled to costs.

[2]      Costs are substantially agreed.  Parties and counsel are commended for the progress they have made.

[3]      It is agreed that category 2 band B is appropriate.

[4]      There  is  some  argument  over  the  disbursement  for  Mr  Howie’s  expert evidence.   He was the insurance expert called by the plaintiffs.   He was there to refute  the  defendant’s  argument,  based  on  expert  evidence  of  its  own,  that  the

premises  were  uninsurable  by  reason  of  Dr  Marchand’s  previous  convictions.

MARCHAND, MARCHAND AND COSTELLOE v JACKSON & ANOR HC CHCH CIV 2011-409-810 [4 December 2012]

Mr Howie was an exemplary expert witness.  I accepted his analysis in reaching my judgment in favour of the plaintiffs.

[5]      The ordinary rule is that a party is entitled to recover the actual fees and expenses of its expert witnesses, provided they meet the criteria in r 14.12(2) and (3). I find that Mr Howie’s fees and expenses (as set out in his invoice) were reasonably necessary to the conduct of the proceeding, and reasonable in amount.   They are certified for in full.

[6]      Counsel   for   the   plaintiff   acknowledges   there   was   an   error   in   his memorandum as to the amount of Court hearing fees.  They should be $4,712.70 not

$7,854.50.

[7] There will therefore be an order for costs in favour of the first plaintiffs in the amount sought in the plaintiffs’ memorandum, subject to reduction of the amount for Court hearing fees in accordance with [6].

Stephen Kós J

Solicitors:

Malley & Co, Christchurch for Plaintiffs (G A Hair)

Harmans, Christchurch for Defendant (B R D Burke)