Okkerse v Aotearoa Enterprises Limited

[2015] NZHC 342

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2013-485-7137 [2015] NZHC 342

UNDER

Section 174 of the Companies Act

IN THE MATTER

of an application for (inter alia)
rectification of the records of a company

BETWEEN

JANETTE YVONNE OKKERSE AND DAVID JOHN CHAPMAN

Plaintiffs

AND

AOTEAROA ENTERPRISES LIMITED First Defendant

RICHARD HUDSON CAUGHLEY AND MATTHEW PETER WHIMP

Second Defendants

On the papers
Counsel:	C M Stevens for Plaintiffs J B M Smith QC and M J Ferrier for Defendants
Judgment:	3 March 2015

JUDGMENT OF GODDARD J

This judgment was delivered by me on 3 March 2015 at 4.30 pm, pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:

DLA Phillips Fox, Wellington for Plaintiffs

Luke Cunningham and Clere, Wellington for Defendants

OKKERSE v AOTEAROA ENTERPRISES LIMITED [2015] NZHC 342 [3 March 2015]

[1]      Having read and considered the submissions of counsel for the plaintiffs and defendants, the following costs orders are made:

(i)Costs are awarded in favour of the defendants on a 2B basis in the sum of $37,014.

(ii)It  is  appropriate  in  the  circumstances  of  the  case  for  an  order  for increased costs to be made, which is justified as 100 per cent.  This has the effect of increasing the award of costs to a total sum of $74,028.  In my view this approach reflects fairly upon the situation of all parties.

(iii)The sum of $41,806 due to the plaintiffs is a separate matter which should not form part of the present costs order.

Result

[2]      There will be an award of costs of in favour of the defendants in the total sum of $74,028.

Goddard J