Parry v Parry

[2019] NZHC 2736

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-001047

[2019] NZHC 2736

UNDER

The Land Transfer Act 1952

IN THE MATTER

of an application under section 145A of the Land Transfer Act 1952

BETWEEN

MAXINE ALEXANDRA PARRY

Applicant

AND

MICHAEL PARRY

Respondent

Hearing:	Determined on the papers
Counsel:	N R Holdaway for Applicant W Andrews for Respondent
Judgment:	25 October 2019

COSTS JUDGMENT OF ASSOCIATE JUDGE PAULSEN

This judgment was delivered by me at 12 noon on 25 October 2019 pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:

Norwest City Law Limited, Auckland Vodanovich Law, Auckland

PARRY v PARRY Costs Judgment [2019] NZHC 2736 [25 October 2019]

[1]        I have received memoranda from counsel in relation to the calculation of costs awarded to the respondent in my judgment of 20 September 2019.

[2]        The respondent has calculated costs on a 2B basis. The applicant objects to that, arguing that this should be classified as a category 1 matter. The categorisation of the proceeding has already been determined in my judgment. It is a category 2 matter, reflecting the fact that this was a proceeding of average complexity.1 I do not accept that it should be categorised as a category 1 matter given the multiple bases upon which the applicant attempted to sustain the notice of claim.

[3]         The respondent has claimed for 0.5 of a day for the hearing. I consider 0.25 is more appropriate.

[4]        Ms Holdaway objects to the service fee and, as no justification has been provided for that fee, I disallow it.

[5]        Ms Holdaway also objects to the cost of sealing the Order which she says is unnecessary at this point. I expect that the Order will be sealed to remove the applicant’s notice of claim and I allow this claim.

[6]The respondent is entitled to costs and disbursements as follows:

Schedule 3 time allocations Opposition and supporting affidavits	2 days	$4,780.00
Preparation of written submissions	1.5 days	$3,585.00
Appearance	.25 days	$597.50
Sealing order	.2 of a day	$478.00
Disbursements	$9,440.50
Filing fee on Notice of Opposition	$115.00
Filing fee on Order	$50.00
$165.00
1      Rule 14.3(1) High Court Rules 2006.

[7]        In accordance with my judgment of 20 September 2019, the respondent is awarded costs on a 2B basis in the amount of $9,440.50 plus disbursements of

$165.00.

O G Paulsen

Associate Judge