Motairehe Whanga Te Uri o Rangihokaia Ko ngatiwai Ki Aotea Incorporated v MacDonald

[2018] NZHC 1630

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-296

[2018] NZHC 1630

BETWEEN

MOTAIREHE WHANGA TE URI O RANGIHOKAIA KO NGĀTIWAI KI AOTEA INCORPORATED
Plaintiff

AND

NICOLA MACDONALD AND KRIS MACDONALD AS TRUSTEES OF THE NGĀTI REHUA – NGĀTIWAI KI AOTEA TRUST BOARD

Defendants

Hearing:	On the papers
Appearances:	P F Chambers for the Plaintiff S Wroe for the Defendants
Judgment:	4 July 2018

JUDGMENT OF WOODHOUSE J

(Costs)

Solicitors / Counsel:

Mr P F Chambers, Barrister, Auckland

Mr M Henley-Smith (plaintiff’s instructing solicitor), Henley-Smith Law, Solicitors, Auckland Ms S Wroe, Barrister, Auckland

Ms J Braithwaite (defendants’ instructing solicitor), Braithwaite & Smail Ltd, Solicitors, Auckland

MOTAIREHE WHANGA TE URI O RANGIHOKAIA KO NGĀTIWAI KI AOTEA INCORPORATED v NICOLA MACDONALD AND KRIS MACDONALD AS TRUSTEES OF THE NGĀTI REHUA – NGĀTIWAI KI AOTEA TRUST BOARD [2018] NZHC 1630 [4 July 2018]

[1]                  The defendants seek an order fixing costs following the substantive judgment striking out the plaintiff’s claim, and an application for a preservation order, and awarding costs to the defendants.1

[2]                  There is a memorandum for the defendants in support of an application for costs on the 2B scale in a sum of $20,962, plus disbursements totaling $770.

[3]                  A memorandum for the plaintiff was not filed by 29 June, as required. Following an enquiry by the case officer, at my request, counsel for the plaintiff advised that he had been unable to obtain instructions. He responsibly noted that, from his perspective, he could not fault the memorandum for the defendants as to the category of costs and steps taken.

[4]                  I am satisfied the matter should now be determined. I am also satisfied the defendants are entitled to the 2B costs they seek of $20,962. The disbursements include GST. On the assumption that the Ngāti Rehua – Ngātiwai Ki Aotea Trust Board is a GST registered party, which seems likely, and on the further assumption that the Trust Board will be meeting the costs of the named defendants, the disbursements should be reduced to the GST exclusive sum of $669.57.

[5]                  There is accordingly an order that the plaintiff pay the defendants’ costs and disbursements in a total sum of $21,631.57.

Woodhouse J

1      Motairehe Whanga Te Uri o Rangihokaia Ko Ngātiwai Ki Aotea Incorporated v Nicola MacDonald and Kris MacDonald as trustees of the Ngāti Rehua - Ngātiwai Ki Aotea Trust Board [2018] NZHC 1231.