Mitchell v Causer HC Wha CIV 2007-488-000596

[2008] NZHC 2411

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV 2007-488-000596

BETWEEN  GAIL ANN MITCHELL AND CATHERINE ANTUNOVICH AND LYNETTE MARGARET CAUSER Plaintiffs

AND  GARY CHARLES CAUSER

First Respondent/Intended First Defendant

AND  CAUSER FARMS LIMITED

Second Respondent/Intended Second

Defendant

Counsel:         P J P Grace for intended plaintiffs

B V Maclean for intended defendants

Judgment:      16 July 2008 at 2:30pm

JUDGMENT OF ASSOCIATE JUDGE ROBINSON [Decision on costs]

This judgment was delivered by me on 16 July 2008 at 2:30pm, pursuant to Rule 540(4) of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Rice Craig, PO Box 72440, Papakura, Auckland P J P Grace, PO Box 1144 Pukekohe Auckland Coast to Coast Law, PO Box 181, Wellsford

MITCHELL AND ORS V  CAUSER AND ANOR HC WHA CIV 2007-488-000596  16 July 2008

[1]      On an application for pre-trial discovery I directed that the defendants were entitled to costs on a schedule 2B basis with disbursements as fixed by the Registrar. Counsel for the defendants has submitted a memorandum seeking costs totalling

$5,760.00 being $2,880.00 for each defendant.   Counsel for the intended plaintiff opposes an order of costs in favour of the defendants in that amount on the basis that the defendants were represented by the same counsel and that there appears to be no justification for a doubling of the costs.

[2]      The defendants had a common interest.  They were adequately represented by one counsel.  I do not consider that there is any justification for a doubling of the costs simply because there were two intended defendants.   In the circumstances therefore I direct that the costs be awarded in favour of the defendants on a 2B basis but on the basis that there be only one counsel and that there be only one amount of

costs involved in preparation preparing for the hearing and sealing judgment.

M D Robinson

Associate Judge