Rafiee v Daruwalla

[2023] NZHC 1917

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV2023-404-471

[2023] NZHC 1917

BETWEEN

MAHBOOBEH RAFIEE

Appellant

AND

ZENOBIA DARUWALLA

First Respondent

AND

AA INSURANCE LIMITED

Second Respondent

Hearing:	On the papers at Auckland
Judgment:	25 July 2023

JUDGMENT (NO.2) OF POWELL J

[Costs]

This judgment was delivered by me on 26 July 2023 at 4.00 pm pursuant to

R 11.5 of the High Court Rules

…………………..

Registrar/Deputy Registrar

Solicitors:

M Rafiee – Self Represented

Holmden Horrocks Solicitors – Auckland

MAHBOOBEH RAFIEE v ZENOBIA DARUWALLA [2023] NZHC 1917 [25 July 2023]

[1]                 On 21 June 2023 I dismissed Ms Rafiee’s appeal on the grounds that there was no jurisdiction for a second appeal against a Disputes Tribunal decision.1 I awarded costs against Ms Rafiee on a 1A basis and fixed a timetable for submissions on the quantum of those costs.2

[2]                 A memorandum has been filed on behalf of Ms Daruwalla seeking costs and disbursements in the total sum of $1,958. The sum sought is not disputed specifically by Ms Rafiee although she has emailed the Court effectively objecting to paying anything.

[3]                 Having considered the amounts sought by Ms Daruwalla I am satisfied that the amounts sought are appropriate in terms of Schedules 2 and 3 of the High Court Rules 2016.

[4]                 I therefore order that  Ms  Rafiee  is  to  pay  costs  and  disbursements  to  Ms Daruwalla in the total sum of $1,958 being costs in the sum of $1,908 and disbursements of $50.

Powell J

1      Rafiee v Daruwalla [2023] NZHC 1554.

2 At [11].