R J Auto Limited v Galloway Properties Limited

[2017] NZHC 1723

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-3201 [2017] NZHC 1723

BETWEEN

R J AUTO LIMITED

First Appellant

ATAPATTU MUDIYANSLAGE SURENDRA JAYANADA ATAPATTU Second Appellant

ASHA MANORI RANDIMA FERNANDO ATAPATTU ABENGE Third Appellant

AND

GALLOWAY PROPERTIES LIMITED Respondent

Hearing:	On the Papers
Counsel:	D A Wood for Appellants N W Woods for Respondent
Judgment:	25 July 2017

COSTS JUDGMENT OF FOGARTY J

This judgment was delivered by Justice Fogarty on

25 July 2017 at 11.00 a.m., pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Solicitors:

Alan Jones Law Limited, Auckland

Rice Craig, Papakura

R J AUTO LIMITED v GALLOWAY PROPERTIES LIMITED [2017] NZHC 1723 [25 July 2017]

[1]      On 8 May 2017 this Court dismissed the appeal of R J Auto Ltd against Galloway Properties Ltd.1   The respondent as landlord is entitled under the terms of a deed of lease to recover its legal costs (as between lawyer and client) of and incidental to the enforcement of the landlord’s rights and remedies and powers under the lease.

[2]      The actual costs incurred by Galloway, the respondent, is $9,305.80. [3]           Memorandum regarding costs was filed on 7 June 2017.

[4]      The costs are sought against the first appellant, R J Auto Ltd, the second appellant,  Atapattu  Atapattu  and  the  third  appellant,  Ash  Abenge  jointly  and severally.

[5]      The Registry file shows that counsel and solicitors for the appellants were sent a copy of the submissions on 16 June 2017 and submissions in reply were required by Friday 23 June.

[6]      No submissions have been received in reply.  Costs are awarded against the first, second and third appellants, jointly and severally in the sum of $9,305.80.

1      R J Auto Ltd v Galloway Properties Ltd [2017] NZHC 909.