McCormack v Maynard Marks Limited

[2020] NZHC 2115

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-513

[2020] NZHC 2115

BETWEEN

PAUL JOHN MCCORMACK AND OTHERS

Plaintiffs

AND

MAYNARD MARKS LIMITED

Defendant

Hearing:	On the papers
Appearances:	M Ring QC, P Rzepecky and A J Thorn for the Plaintiffs P Hunt and T Clark for Defendant
Judgment:	20 August 2020

JUDGMENT OF LANG J

[on costs]

This judgment was delivered by me on 20 August 2020 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

Solicitors:

Adina Thorn, Auckland McElroys, Auckland

MCCORMACK v MAYNARD MARKS LTD [2020] NZHC 2115 [20 August 2020]

[1]    This proceeding has been referred to me to deal with the outstanding issue of costs in relation to the application for further and better particulars that was scheduled to be heard on 26 August 2020. The application was withdrawn after the plaintiffs filed a second amended statement of claim on 8 July 2020. The defendant accepts that the amended statement of claim contains the particulars it was seeking in its application. It has therefore withdrawn the application but seeks costs.

[2]    The plaintiffs deny costs are payable. In the alternative, they say costs should be reserved and determined after trial.

[3]    I do not accept that costs should be reserved because, so far as possible, the determination of costs should be both predictable and expeditious.1

[4]    I am satisfied the defendant was effectively the successful party in the application because the application prompted the filing of the second amended statement of claim. The plaintiffs filed this approximately two weeks after the defendant filed the application seeking further and better particulars. The defendant should therefore receive costs on the withdrawn application on a Category 2B basis together with disbursements. I award costs as follows:

(a)Preparation of interlocutory application (0.6 x $2,390)         $1,434

(b)Filing fee and interlocutory application   $   500

$1,934

[5]I decline to award costs on the memorandum dealing with costs.

Lang J

1      High Court Rules 2016, r 14.2(1)(g).