Pure Pacifika Limited v NZ Natural Dairy Limited

[2013] NZHC 3047

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-5829 [2013] NZHC 3047

BETWEEN  PURE PACIFIKA LIMITED Plaintiff

ANDNZ NATURAL DAIRY LIMITED Defendant

Hearing:                   On the papers

Counsel:                  MD Pascariu and NR Frith for Plaintiff

P Sills for Defendant

Judgment:                18 November 2013

COSTS JUDGMENT OF ASSOCIATE JUDGE SARGISSON

This judgment was delivered by me on 18 November 2013 at 4.30 p.m., pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date: ………………………….

Solicitors:

Minter Ellison, Auckland

Hornabrook MacDonald, Auckland

PURE PACIFIKA LTD v NZ NATURAL DAIRY LTD [2013] NZHC 3047 [18 November 2013]

[1]      In the judgment I issued on 31 October 2013, I made these orders.

The default judgment is set aside on these conditions:

(a)      The defendant is to pay the reasonable solicitor/client costs and disbursements of the plaintiff within five working days of those costs being approved by the Court;

(b)       For the purpose of that approval, the plaintiff is to file and serve a memorandum not later than 5.00 p.m. on 8 November 2013.   The defendant has until 5.00 p.m. on 15 November 2013 to file a memorandum in reply.

(c)       The defendant is to file and serve a statement of defence to the plaintiff’s claim not later than 5.00 p.m. on 15 November 2013, failing which it will be deemed debarred from defending the plaintiff’s claim.

[2]      Counsel for each side have now filed memoranda as to costs.

[3]      Counsel for the defendant accepts that the plaintiff’s actual costs of $10,500 are reasonable for the attendances set out in the invoices attached to the plaintiff’s memorandum and that disbursements of $160 were payable in respect of the sealing fee and filing fee. The defendants’ concession is a fair and appropriate one.

[4]      Accordingly, there will be an order for solicitor/client costs in favour of the plaintiff against the defendant in the sum of $10,500 plus disbursements of $160.

H Sargisson

Associate Judge