Narain v Chinappa

[2013] NZHC 2776

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-2269 [2013] NZHC 2776

UNDER  Section 145A of the Land Transfer Act

1945

BETWEEN  ANGELINE DEEP NARAIN Applicant/Plaintiff

ANDAJNESH NARAIN CHINAPPA and VALASHNI VANDANA CHINAPPA Respondent/Defendant

Hearing:                   19 September 2013

Appearances:           A Kashyap for Applicant

No appearance for Respondents

(on papers) Judgment:     24 October 2013

JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE [On Costs]

This judgment was delivered by me on

24.10.13 at 4 pm, pursuant to

Rule 11.5  of the High Court Rules.

Registrar/Deputy Registrar

NARAIN v CHINAPPA & ANOR [2013] NZHC 2776 [24 October 2013]

[1]      I gave judgment in this matter on 4 September 2013.  In the judgment I directed that counsel had 10 working days to file memoranda in respect of costs. The applicant has filed a memorandum but the respondent has not. The respondent has sought an extension of time to make further submissions on the matter of costs.  I will deal with this last application first.

[2]      In my view more than adequate time has been allowed to counsel for the purposes of making any submissions on costs.  The matter is not a complicated one. No  supervening  or  unexpected  circumstances  occurred  which  would  justify  the Court in reviewing the time direction for filing memoranda on costs.  The applicant’s counsel was able to and I see no reason why the respondent should not also have met the time limit for doing so.

[3]      The applicant submits that as the successful party the presumption is that his client should receive an award of costs.   He says there is no reason to make an exception in this case and that therefore r 14.2 governs the situation.  I agree.  The applicant will have costs on a 2B basis together with disbursements as fixed by the

Registrar.

J.P. Doogue

Associate Judge