Morris v Morris

[2017] NZHC 187

IN THE HIGH COURT OF NEW ZEALAND

AUCKLAND REGISTRY

CIV 2015-404-000568

[2017] NZHC 187

BETWEEN

MACHELLE ANNE MORRIS

Plaintiff

AND

PETER JOHN MORRIS

Defendant

Hearing:

On the papers

Appearances:

T J Rainey for the Plaintiff

D Chambers QC for the Defendants

Judgment:

17 February 2017

JUDGMENT AS TO COSTS OF ASSOCIATE JUDGE CHRISTIANSEN

This judgment was delivered by me on

17.02.17 at 3:30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

M A MORRIS v P J MORRIS [2017] NZHC 187 [17 February 2017]

[1]                 On 20 July 2015 I heard Ms Morris’ summary judgment application. At the conclusion of the hearing I issued an oral judgment dismissing the summary judgment application and ordered costs be paid to Mr Morris on a 2B basis.

[2]                 On 25 August 2016 Ms Chambers emailed a memorandum to the Court on behalf of Mr Morris as to costs. The submissions of Mr Rainey on behalf of the plaintiff were emailed to the Court on 13 February 2017. That memorandum records that the parties agreed to settle their litigation on a drop hands basis. Ms Chambers confirmed Mr Morris agreed to settle all matters subject to the existing order as to costs I earlier made.

[3]                 As Mr Rainey submits it is clear that the only costs that the defendant is entitled to are those I ordered were payable when dismissing the application for summary judgment.

[4]Mr Rainey’s calculations adopt steps 23, 24, 26 and 29 of Schedule 3.

[5]                 Ms Chambers’ calculations are more wide-ranging. In the Court’s view they include items that should not form part of the costs payable in this case, including for the commencement of a defence and the filing of a statement of defence.

[6]                 In the Court’s view Mr Rainey’s assessment is more accurate. However, the Court considers costs should include an allowance for the filing of affidavits in opposition. Three of those were filed. For the first two of those the Court will allow for two days at the category 2 rate of $1,990 per day. For the third of those the Court will allow a half day at the category 2 rate of $2,230 per day.

[7]                 Apart from those additional matters, the Court considers Mr Rainey’s assessment ought to be adopted except that the category 2 rate of $1,990 per day is to apply for the filing of the opposition and the two first affidavits in opposition to summary judgment. Steps taken after 1 July 2015 are to be fixed at the category 2 rate of $2,230 per day.

[8]Ms Morris is also to pay the $50 for the sealing of judgment costs.

Associate Judge Christiansen