Paros Property Trust Limited v Faith

[2015] NZHC 885

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-001906 [2015] NZHC 885

BETWEEN

PAROS PROPERTY TRUST LIMITED

Applicant

AND

PAUL MICHAEL FAITH Respondent

Hearing:	On the papers
Counsel:	D R Bigio and A J Steel for Applicant E G Grove for Respondent
Judgment:	30 April 2015

JUDGMENT OF FOGARTY J

This judgment was delivered by me on 30 April 2015 at 4.30 p.m., pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date: ………………………….

Solicitors:           Brown Partners, Auckland

Stewart and Associates, Alexandra

PAROS PROPERTY TRUST LTD v FAITH [2015] NZHC 885 [30 April 2015]

[1]      The applicant has been  awarded  costs in this proceeding on a 2B basis. Counsel were directed to confer or agree costs or, in the alternative, file submissions of no more than two pages.

[2]      Counsel for the applicant circulated a joint memorandum seeking agreement as to costs on 7 April 2015.

[3]      On 22 April, counsel for the respondent advised it has been unable to contact the respondent by telephone or by emails or take instructions.   Responsibly, Mr Grove has advised the Court that he has been unable to obtain instructions from his client in relation to the costs memorandum.   That while he has no instructions to consent, nor oppose, the costs sought, he could not identify any errors in the plaintiff’s costs calculations.

[4]      The applicant’s calculation of costs is set out in the normal way by reference to the items in the schedule.  It totals $17,711.  Judgment is entered accordingly.