Marinovic v Marinovic HC Auckland CIV-2006-404-2447

[2007] NZHC 1777

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2006-404-2447

BETWEEN  MAURICE MARINKO MARINOVIC AND MAREE IVEY MARINOVIC

Plaintiffs

AND  JOSIP MARINOVIC AND VICA MARINOVIC

Defendants

Judgment:      1 June 2007

COSTS JUDGMENT OF HARRISON J

SOLICITORS

Daniel Overton & Goulding (Auckland) for Plaintiffs
Malloy Goodwin Harford (Auckland) for Defendants

COUNSEL

R O Parmenter; R J Moody

MARINOVIC V MARINOVIC HC AK CIV-2006-404-2447  1 June 2007

[1]      I refer to counsels’ memoranda on costs, culminating in Mr Moody’s advice that the defendants consent to an order for costs according to category 2B for 12.9 days at a total of $20,640 together with disbursements of $7,725.

[2]      The only item of dispute is the plaintiffs’ claim to recover as a disbursement business class airfares totalling NZ$16,600 for the return fares of Mr and Mrs Sead and  Sanja  Tabakovic.     They  were  the  plaintiffs’  principal  witnesses  at  trial. Mr Moody accepts that their airfares are a  legitimate disbursement  but  says the amount should be restricted to the cost of economy airfares of $5,466.  He submits it would be unjust to expect the defendants to pay the full amount claimed.

[3]      I am satisfied that it was appropriate for Mr and Mrs Tabakovic to travel business class.  As Mr Parmenter observes, the trip was of 30 hours duration through four different airports.   It is unreasonable to expect that the Tabakovics, both professionals with busy lives, should travel economy class.  The full amount of their business class airfare is a legitimate expense and I am satisfied the defendants should be liable for it.

[4]      Accordingly, I enter judgment for the plaintiffs against the defendants for costs of $20,640 together with disbursements of $24,325.

Rhys Harrison J