Queensland Maintenance Services (NZ) Limited v Queensland Maintenance Services (Pty) Limited (in liquidation)

[2015] NZCA 454

IN THE COURT OF APPEAL OF NEW ZEALAND

CA183/2015
[2015] NZCA 454

BETWEEN	QUEENSLAND MAINTENANCE SERVICES (NZ) LIMITED Appellant
AND	QUEENSLAND MAINTENANCE SERVICES (PTY) LIMITED (IN LIQUIDATION) Respondent

Counsel:

M Heard for Appellant
A W Johnson for Respondent

Judgment:

(On the papers)

22 September 2015 at 2 pm

JUDGMENT OF COOPER J

The respondent is entitled to costs in the sum of $995 consequent on the withdrawal of the appeal.

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REASONS

1. This appeal, filed on 13 April 2015 was abandoned on 21 July 2015.  Security for costs had been paid, in the sum of $5,880.

2. The respondent now seeks costs.  Its solicitor, Mr Johnson accepts that the matters in issue were not complex and the appeal should be treated as a standard appeal.  He then notes that the respondent and/or its lawyers have:

   (a)drafted and filed a notice in support of the appeal on other grounds;

   (b)at the appellant’s request reviewed the draft index of the case on appeal;

   (c)received and reviewed the final version of the case on appeal; and

   (d)been engaged in ongoing communications with the Court as to the setting down of the appeal, the hearing date and pre-appeal directions.

3. Counsel for the appellant notes that the steps for which costs are sought are not referred to in Schedule 2 to the Court of Appeal (Civil) Rules 2005.  Mr Heard submits that although r 53D(1)(b) contemplates costs for steps not so included, counsel for the respondent has adopted a “granular analysis”, claiming for minor attendances of an insignificant nature.  Mr Heard also submits that the respondent should have provided details of the actual costs incurred.

4. It is not disputed that the respondent has taken the steps referred to and in doing so has incurred some costs.  In my assessment, it would be appropriate to make an allowance reflecting half a day in respect of the attendances to which the respondent has referred.  Calculated as for a standard appeal that results in an award of $995.

5. The respondent is entitled to costs in the sum of $995 consequent on the withdrawal of the appeal.

Solicitors:
Lee Salmon Long, Auckland for Appellant
Martelli McKegg, Auckland for Respondent