Par Communications Limited t/a Kinetic Data & Communications v Mah Enterprises (Fiji) Limited

[2019] NZHC 2722

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CIV-2019-441-40

[2019] NZHC 2722

BETWEEN

PAR COMMUNICATIONS LIMITED

trading as Kinetic Data & Communications Plaintiff

AND

MAH ENTERPRISES (FIJI) LIMITED

Defendant

Counsel:

M J Inwood for plaintiff

D J O’Connor for defendant

Judgment:

24 October 2019

COSTS JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[On the papers]

[1]        I thank counsel for their recent memoranda in relation to the unresolved costs issue. It is regrettable that counsel were unable to settle costs between them. I must now do so on the papers.

[2]        The plaintiff commenced winding up proceedings against defendant on the basis of its failure to comply with a statutory demand. The original hearing date was 26 September 2019. On that date, the matter was set down to be heard on 10 October 2019.

[3]        Subsequent to the original hearing date, but before the special fixture date, the defendant paid the outstanding debt together with a contribution to the plaintiff’s costs of $3,283.50. The plaintiff claims costs of $4,289.50 (following some adjustments).

PAR COMMUNICATIONS LIMITED v MAH ENTERPRISES (FIJI) LIMITED [2019] NZHC 2722

[24 October 2019]

[4]        I see no reason why the plaintiff should not have an order for its costs. These are calculated on a 2B basis which seems appropriate, and I can see no objection to Ms Inwood’s revised costs calculation of $4,289.50 (inclusive of disbursements). In his submissions Mr O’Connor suggests that the claim is being made for a defended hearing which did not occur. There was a hearing on the original date of 26 September 2019. The hearing that did not occur was the special fixture scheduled for 10 October 2019, and there is no claim in respect of that.

[5]The plaintiff will have an order in respect of its costs and disbursements of

$4,289.50. In making that order I expressly record that the defendant has already contributed costs and disbursements of $3,283.50 leaving a balance to pay of $1,006.

Associate Judge Johnston

Solicitors:

Carlile Dowling, Napier for plaintiff

Lunn & Associates Ltd, Napier for defendant