Pierce v Spargo

[2013] NZHC 3124

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2012-485-001021 [2013] NZHC 3124

UNDER  the Property Law Act 2007

IN THE MATTER             of an Application for Order of Division of Property pursuant to s 339 of the Property Law Act 2007

BETWEEN  STEVEN EVAN PIERCE Plaintiff

ANDJENNIFER ANN SPARGO First Defendant

IAN JAMES EDWARD SPARGO and

HELEN MELVA SPARGO Second Defendants

Judgment:                26 November 2013

JUDGMENT AS TO COSTS OF COLLINS J

Introduction

[1]      In my judgment of 14 August 2013 I awarded costs to the defendants on a scale 2B basis.

[2]      Since issuing my judgment:

(1)Counsel for the first defendant has advised that she acted on a pro bono  basis  and  does  not  seek  costs  other  than  an  order  that  the plaintiff pay her disbursements in the sum of $454.80.

(2)       Counsel  for  the  second  defendants  has  asked  that  the  second

defendants’   costs    be    fixed   in    the   sum    of   $12,079.60    plus

disbursements  of  $336.32.     Counsel  for  the  second  defendants

PIERCE v SPARGO [2013] NZHC 3124 [26 November 2013]

explains in his memorandum that this sum is less than the sum that would be payable on a scale 2B basis because of the concessional rate which he charged the second defendants.

[3]      The plaintiff has not responded to the memoranda filed by counsel for the first and second defendants.

First defendant’s disbursements

[4]      The disbursements sought by the first defendant appear to be reasonable for litigation of this kind.   I accordingly order the plaintiff pay the first defendant’s disbursements in the sum of $454.80.  No other orders need be made in favour of the first defendant.

Second defendants’ costs and disbursements

[5]      The memorandum from counsel for the second defendants demonstrates that the costs sought are very reasonable as is the claim for disbursements.   In these circumstances  I  have  no  hesitation  in  ordering  the  plaintiff  pay  the  second

defendants’ costs in the sum of $12,079.60 plus disbursements of $336.32.

D B Collins J

Solicitors:

Ord Legal, Wellington for Plaintiff
Helen Croft, Wellington for First Defendant

Lance Pratley Law, Wellington for Second Defendants