Nags Head Horse Hotel Ltd v Mawhinney

[2016] NZHC 2457

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-653 [2016] NZHC 2457

BETWEEN

NAGS HEAD HORSE HOTEL LTD

Applicant

AND

PETER WILLIAM MAWHINNEY PERSONALLY AND/OR AS TRUSTEE OF THE WAITAKERE FOREST LAND TRUST

First Respondent

OTIUM TRUSTEE LTD Second Respondent

WAITAKERE FOREST TRUST LTD Third Respondent

FOREST TRUSTEE LTD (IN LIQUIDATION)

Fourth Respondent

RICHARD GREGORY VESEY Fifth Respondent

SIXTY-SIX AUCKLAND LTD Sixth Respondent

Hearing:	(On the papers)
Counsel:	A A H Low for Applicant
Judgment:	14 October 2016

COSTS JUDGMENT OF BREWER J

Solicitors:           Alexandra Low & Associates (Auckland) for Applicant

(Copy to First Respondent in person)

NAGS HEAD HORSE HOTEL LTD v MAWHINNEY & ORS [2016] NZHC 2457 [14 October 2016]

[1]      In my Judgment, I ruled that the applicant is entitled to costs.  I directed that if the parties could not agree upon costs then they were to file memoranda by

2 September 2016, having first exchanged their written positions.

[2]      I have a memorandum of counsel for the applicant dated 1 September 2016, but nothing from Mr Mawhinney.

[3]      In its memorandum, the applicant, through its counsel, advises me that it provided a schedule of its costs to Mr Mawhinney on 24 August 2016.  The applicant has had no response.

[4]      I grant costs to the applicant on a 2B basis.  Counsel advises that the schedule of costs and disbursements attached to the memorandum are calculated on a 2B

basis, and an order for costs may be sealed accordingly.

Brewer J