Perpetual Trust Limited v Bolton

[2023] NZHC 1364

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV-2022-470-000158

[2023] NZHC 1364

UNDER

the Declaratory Judgments Act 1908

IN THE MATTER

of an application for an order discharging a mortgage by declaration that the mortgage was unjustifiably executed

BETWEEN

PERPETUAL TRUST LIMITED as

administrator and trustee of the Estate of REGINALD WILLIAM BOLTON

Applicant

AND

JOHN GRAHAM KENNETH BOLTON

Respondent

Hearing:	On the papers
Appearances:	M Ward-Johnson for the Applicant No appearance for Respondent
Judgment:	1 June 2023

JUDGMENT OF WALKER J [COSTS]

This judgment was delivered by me on 1 June 2023 at 11 am Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

PERPETUAL TRUST LIMITED v BOLTON [2023] NZHC 1364 [1 June 2023]

[1]    Following entry of judgment, the applicant seeks indemnity costs. A judgment was entered following a formal proof hearing as the respondent would not engage with the applicant. His conduct means that the applicant incurred expenses which ought never to have had to be incurred.

[2]I am satisfied that the applicant is entitled to reasonable solicitor/client costs.

[3]    Counsel has filed a memorandum with supporting invoices. I have reviewed those invoices. As far as I can tell, the attendances recorded relate properly to the application before the Court and are reasonable.

[4]    I proceed on the basis that the applicant is GST registered and therefore entitled to a GST input credit in respect of GST payable for legal services.

[5]    On that basis, I award indemnity costs in the sum of $30,240 being the GST exclusive sum invoiced plus disbursements of $2,038.80.

............................................................

Walker J