Precast Z Limited v Anystep Limited

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-3171 [2016] NZHC 995

BETWEEN
PRECAST NZ LIMITED

Plaintiff

AND

ANYSTEP LIMITED First Defendant

AND

P J EVANS Second Defendant

AND

P T CANE Third Party

On the papers

Judgment:

17 May 2016

COSTS JUDGMENT OF THOMAS J

This judgment was delivered by me on 17 May 2016 at 2.30 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date:………………………….

PRECAST NZ LIMITED v ANYSTEP LIMITED & ORS [2016] NZHC 995 [17 May 2016]

[1] By my Judgment dated 8 March 2016, the plaintiff’s application for interim relief was granted.1 I noted that the plaintiff was entitled to costs and, if the parties were unable to agree, memoranda should be filed.

[2] The plaintiff seeks costs and disbursements on a 2B basis. The defendants have not replied to the plaintiff’s communications in this regard.

[3] The time having expired for the defendants to file a memorandum with the
Court, I am satisfied that an order for costs and disbursements on a 2B basis is appropriate and make an Order in the sum of $8,165.20.

Thomas J

1 Precast NZ Limited v Anystep Limited [2016] NZHC 377.

CaseChat Overview and Summary

The case before the court involved Precast NZ Limited, the plaintiff, and Anystep Limited, the first defendant, with P J Evans as the second defendant and P T Cane as the third party. The plaintiff sought interim relief which was granted by the court. The matter then proceeded to a consideration of costs, with the plaintiff seeking costs and disbursements on a 2B basis. The defendants did not respond to the plaintiff’s communications regarding the costs.

The primary legal issue before the court was the determination of costs and disbursements to be awarded to the plaintiff on a 2B basis, as the defendants failed to submit a memorandum to the court. The court was required to consider whether the plaintiff's costs application was justified and warranted by the circumstances of the case, particularly given the defendants' failure to engage in the process of providing a memorandum.

The court held that the plaintiff was entitled to costs and disbursements on a 2B basis due to the defendants' failure to respond to the plaintiff's costs application. The court noted that the time for the defendants to file a memorandum had expired, and therefore, the plaintiff's application for costs was unopposed. The court concluded that an order for costs and disbursements in the sum of $8,165.20 was appropriate. This decision was made in accordance with the provisions of Rule 11.5 of the High Court Rules, ensuring that the plaintiff was fairly compensated for the costs incurred in pursuing the interim relief granted earlier.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

BETWEEN	PRECAST NZ LIMITED Plaintiff
AND	ANYSTEP LIMITED First Defendant
AND	P J EVANS Second Defendant
AND	P T CANE Third Party