Nichols v Racey Constructions Pty Limited

[2015] NZHC 868

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2013-404-3606 [2015] NZHC 868

BETWEEN

RHONDA MARIE NICHOLS

Plaintiff

AND

RACEY CONSTRUCTIONS PTY LIMITED

First Defendant

AND

DAVID GEOFFREY PUNTER Second Defendant

Hearing:	On Papers
Judgment:	29 April 2015

COST JUDGMENT OF BROWN J

[1]      In accordance with the directions in para [30] of my judgment1  memoranda have been filed by Mr Punter, on behalf of himself and the first defendant, and by Ms Nichols.   It appearing that the plaintiff accepts the amounts of disbursements identified by the first and second defendants as fair and reasonable, I make an order for the payment by the plaintiff of the following disbursements:

(a)       cost  of  air  travel   from  Australia  to  New Zealand  and  return: AUD$803.00;

(b)      taxi fares and sundry expenses in New Zealand: NZ$250.00;

(c)       sundry travel to solicitors’ appointments, phone calls to New Zealand

High Court etc: NZ$400.00.

1      Nichols v Racey Constructions Pty Ltd & Ors [2014] NZHC 2995.

RHONDA MARIE NICHOLS v RACEY CONSTRUCTIONS PTY LTD [2015] NZHC 868 [29 April 2015]

[2]      In his memorandum of 24 January 2015 Mr Punter also appears to seek to recover  approximately  $50,000  in  legal  expenses  and  approximately  $6,700  for wages paid to Ms Stacey Wakeman.  That request is opposed by the plaintiff on the grounds that it does not comply with the order in my judgment.

[3]      I agree with the plaintiff that those sums identified by Mr Punter are not recoverable.  However his memorandum has alerted me to the fact that, although he was not represented at the hearing, he was represented during the early stages of the proceeding when Kensington Swan filed a number of documents on behalf of the first and second defendants.

[4]      I consider that the defendants are entitled to their costs prior to the date of the withdrawal of their legal representation in September 2014.  Consequently I direct that the defendants are entitled to the following items of costs on a category 2B

basis:

Commencement of defence2	2	$3,980.00
Preparation for first case management conference	0.4	$796.00
Filing memorandum for first case management conference3	0.4	$796.00
Appearance at first case management conference	0.3	$597.00
List of documents on discovery4	2.5	$4,975.00

2      Statement of Defence filed 1 October 2013.

3      Memorandum dated 12 November 2013.

4      Affidavit of documents filed 13 January 2014.

[5]      Accordingly   the   defendants   are   entitled   to   costs   of   $11,144.00   and

disbursements of AUD$803.00 and NZ$650.00.

Brown J

Solicitors:

Law Direct, Kerikeri