Mikitasov v Little

[2012] NZHC 1649

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV-2011-488-000564 [2012] NZHC 1649

UNDER  the District Courts Act 1947, section 72

IN THE MATTER OF     an appeal against the decision of the

District Court at Kaikohe

BETWEEN  IGOR MIKITASOV Appellant

ANDALFRED NEWTON LITTLE First Respondent

ANDJAMES LOUIS VEZEY, MAHMOOD KHAN AND KAYE THERESA VEZEY Second Respondents

Hearing:         11 July 2012 (On the Papers) (Heard at Auckland)

Counsel:         J A Browne for the Appellant

R C Mark for the Respondents

Judgment:      11 July 2012

JUDGMENT OF DUFFY J [Re Costs]

This judgment was delivered by Justice Duffy on 11 July 2012 at 4.30 pm, pursuant to

r 11.5 of the High Court Rules

Registrar/Deputy Registrar
Date:

Solicitors:    Henderson   Reeves   Connell   Rishworth   P   O   Box   11   Whangarei   0140 (DX AP24505) for the Appellant

R C Mark P O Box 172 Kerikeri 0245 for the Respondents

MIKITASOV v LITTLE and ORS HC WHA CIV-2011-488-000564 [11 July 2012]

[1]      The  appellant,  Igor  Mikitasov,  was  unsuccessful  in  his  appeal  against  a decision of the District Court ordering him to pay compensation to the respondents for the extinguishment of an easement.

[2]      Following  a  pre-hearing  conference,  in  a  Minute  dated  3  October  2011, Heath J categorised the appeal as category 2 for the purposes of costs.

[3]      The respondents now seek costs on a 2B basis.  I am satisfied that they are entitled to costs.   The general rule is that costs follow the event.   The appellant contends that since he now seeks leave to appeal the decision to the Court of Appeal, the award of costs should be deferred.  I see no reason to defer making an award of costs at this time.

[4]      The appellant has not disputed the respondents’ quantification of the costs that are sought. Accordingly, I propose to adopt their quantum.  The respondents are awarded costs of $2,256.

Duffy J