Optimizer HQ Limited v Smartpay Limited

[2020] NZHC 2622

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-1221

[2020] NZHC 2622

BETWEEN

OPTIMIZER HQ LIMITED

Applicant

AND

SMARTPAY LIMITED

Respondent

Hearing:

6 October 2020

Counsel:

M Taylor-Cyphers for Applicant

D J Chisholm QC and J D Ryan for Respondent

Judgment:

6 October 2020

COSTS JUDGMENT OF WHATA J

This judgment was delivered by me on 6 October 2020 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Keam Law Limited, Auckland

Claymore Partners Limited, Auckland

OPTIMIZER HQ LIMITED v SMARTPAY LIMITED [2020] NZHC 2622 [6 October 2020]

[1]    This matter came before me this morning. Immediately prior to the hearing, the applicant withdrew the application to set aside the statutory demand. The only remaining issue is costs. Smartpay seeks costs on a 2B basis and has provided a schedule as to those costs, together with disbursements. The applicant, quite properly, concedes that costs should follow the event and on a 2B basis.

[2]    On that basis, I made an award of costs on a 2B basis, together with disbursements, as per the attached schedule provided by counsel.

SCHEDULE

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$95.65