New Zealand Dairy Processing Limited v Armson Property Limited

[2018] NZHC 2013

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2018-485-501

[2018] NZHC 2013

BETWEEN

NEW ZEALAND DAIRY PROCESSING LIMITED
Plaintiff

AND

ARMSON PROPERTY LIMITED

Defendant

AND

DOUBLE EIGHT LIMITED

Intervener

Hearing:

on the papers

Counsel:

P D Sills for the Plaintiff

E W Gartrell and L D Tidey for the Defendant D R Bigio QC and M Heard for the Intervener

Judgment:

8 August 2018

JUDGMENT OF CULL J

[on costs]

[1]                 Counsel’s memoranda of costs have been referred to me as Duty Judge. These memoranda have been filed in accordance with Justice Clark’s minute dated 26 July 2018, where Clark J directed a costs timetable, if the parties were unable to agree on the reservation of costs.

[2]                 The memoranda filed raised arguments as to the merits or otherwise of the applicant’s on notice interim injunction application, which was withdrawn on the applicant’s receipt of an agreement for sale and purchase between DEL and Armson.

[3]                 I have perused counsel’s memoranda and considered the respective submissions of the parties.

NEW ZEALAND DAIRY PROCESSING LIMITED v ARMSON PROPERTY LIMITED [2018] NZHC 2013 [8

August 2018]

[4]                 I have reached the view costs should be reserved until trial. The respective merits of the parties’ positions are unable to be evaluated at this juncture of the proceedings and costs should be determined on the outcome of the trial.

Result

[5]Costs are reserved until trial.

Cull J