Ratzapper Australasia Limited v Noe
[2018] NZHC 1528
•25 June 2018
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2017-404-1323
[2018] NZHC 1528
BETWEEN RATZAPPER AUSTRALASIA LIMITED
Plaintiff
AND
ROBERT NOE
First Defendant
ATRAP INC
Second Defendant
Hearing: On the papers Appearances:
W McCartney for the Plaintiff
G M Illingworth QC and S Round for the First Defendant
Judgment:
25 June 2018
COSTS JUDGMENT OF MUIR J
This judgment was delivered by me on Monday 25 June 2018 at 10.30 am.
Pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date:…………………………
Counsel/Solicitors:
W McCartney, Barrister, Auckland
T Wee, Truman Wee & Associates, Hamilton G M Illingworth QC, Barrister, Auckland
S Round, Rennie Cox, Auckland
RATZAPPER AUSTRALASIA LIMITED v NOE [2018] NZHC 1528 [25 June 2018]
[1]On 28 November 2017 I gave judgment in favour of the plaintiff.
[2] On 6 December 2017 I received a memorandum from the plaintiff seeking an award of costs (calculated on a 2B basis) and disbursements in the amount of $14,972.
[3] On 16 February 2018 I directed, by minute, that the defendants were to file and serve any submission in opposition by 2 March 2017. No such submission has been filed.
[4] I am satisfied that the plaintiff’s calculations properly reflect its entitlements under the Rules. Accordingly, I award costs against the first and second defendant jointly and severally in the amount of $13,826.00 plus disbursements, calculated in accordance with the schedule below.
Scale item Description Days
allowed
Amount 37 Filing originating application and affidavits for entry of judgment 2.0 4460.00 23 Filing opposition to interlocutory application for refusal of enforcement of award 0.6 1338.00 10 Preparation for first case management conference 0.4 892.00 11 Filing memorandum
management conference
for first case 0.4 892.00 12 Appearance first case management conference 3/10/17 0.02 446.00 24 Preparation of written submissions 1.5 3345.00 25 Preparation of bundle for hearing (plaintiff was directed by Downs J to prepare it) 0.6 1338.00 Appearance at defended hearing 2/11/17 1115.00 Total 13826.00
Disbursements
Scale item Description Days
allowed
Amount 37 Filing fee originating application 540.00 23 Filing fee notice of opposition 110.00 29 Sealing order 446.00 26 Filing fee to seal order 50.00 Total 1146.00
Muir J
0
0
1