Memelink v Mead

[2018] NZHC 1698

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2015-485-854

[2018] NZHC 1698

BETWEEN

HARRY MEMELINK

Applicant

AND

BRUCE ALAN MEAD

Respondent

Hearing:

On the papers

Counsel:

Q S Haines for Applicant

J C Gwilliam for Respondent

Judgment:

10 July 2018

JUDGMENT OF CLARK J (COSTS)

[1]    On 15 August 2016 I dismissed an application by Mr Memelink to stay enforcement of a District Court judgment pending appeal.1 Costs were awarded to the respondent.2

[2]    Counsel for Mr Mead now asks that costs and disbursements be fixed. The respondent filed a memorandum on 19 April 2018 setting out the calculation of costs on a 2B basis. The total amount sought, including disbursements, is $5350.50.

[3]    Notwithstanding  the  case  manager  has  followed  up  with  counsel  for   Mr Memelink, no opposition to Mr Mead’s claim has been filed.

1      Memelink v Mead [2016] NZHC 1886.

2 At [22].

MEMELINK v MEAD [2018] NZHC 1698 [10 July 2018]

[4]    The respondent is entitled to the costs claimed and no argument has been put forward in opposition to any aspect of the claim.

[5]Mr Memelink is ordered to pay to Mr Mead costs in the sum of $5,350.50.

Karen Clark J

Solicitors:
Main Street Legal Ltd, Upper Hutt for Respondent