Ormond v Pongaroa Land Co Limited

[2018] NZHC 334

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CIV-2018-441-4

[2018] NZHC 334

IN THE MATTER

of Caveat 10980209.1

BETWEEN

ARALEAJ ORMOND

Applicant

AND

PONGAROA LAND CO LIMITED

Respondent

Judgment: 7 March 2018

COSTS JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[On the papers]

[1]                 In my judgment of 23 February 2018, I declined the applicant’s application for an order that her caveat not lapse. I concluded by signalling that my preliminary view was that the respondent was entitled to its costs on a 2B basis, but invited counsel to confer and settle costs if possible. I am informed that they have been unable to do so, and I now have memoranda from Mr O’Connor and Mr McCutcheon.

[2]                 No argument is advanced to the effect that I should depart from my preliminary view. Mr O’Connor has calculated the costs to which his client is entitled on a 2B basis, and those calculations are unchallenged.

[3]                 Accordingly, I now order that the respondent is entitled to recover costs totalling $9,589.00 plus disbursements as fixed by the Registrar.

Associate Judge Johnston

Solicitors:

Peter McCutcheon, Auckland for applicant Bramwell Bate, Hastings for respondent

ORMOND v PONGAROA LAND CO LIMITED [2018] NZHC 334 [7 March 2018]