Real Cool Holdings Limited v North Power Limited

[2012] NZHC 2118

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2010-470-1143 [2012] NZHC 2118

BETWEEN  REAL COOL HOLDINGS LIMITED Plaintiff

ANDNORTH POWER LIMITED First Defendant

ANDPOWERCO LIMITED Second Defendant

Hearing:         21 May 2012

Appearances: Mr M Colthart for Plaintiff

Mr J Browne for First Defendant Mr T Smith for Second Defendant (ON PAPERS)

Judgment:      17 August 2012

JUDGMENT OF ASSOCIATE JUDGE DOOGUE [On Costs]

This judgment was delivered by me on

17.08.12 at 3.30 p.m., pursuant to

Rule 11.5  of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:

J K Hamilton, Harrington Street, Tauranga- [email protected]

(Counsel - Mr Mark Colthart, Barrister, Lorne Street Chambers, Auckland –

[email protected])

Henderson Reeves Connell Rishworth, 96 Bank Street, Whangarei – by email:

[email protected]

Chapman Tripp, Wellington – by email: [email protected]

REAL COOL HOLDINGS LIMITED V NORTH POWER LIMITED & ANOR HC TAU CIV-2010-470-1143 [17 August 2012]

[1]      The first and second defendants have sought costs by memoranda dated from each 27 July 2012.  The memoranda have been referred to counsel for the plaintiff, Mr Mark Colthart who advises he will not be making submissions on the costs memoranda.

[2]      The costs in each case seem reasonable and I accordingly make the following orders:

a)       I agree that the costs sought including an uplift to 2C in respect of preparation and filing, summary judgment application and affidavits is justified in both cases.

b)The result is that costs are ordered in favour of the first defendant in the sum of $14,100 together with disbursements of $917.00.

[3]      There is a slight difference in the costs sought by the second defendant but the costs are overall reasonable and I award the sum of $14,180 to the second defendant for costs and I also direct that the plaintiff is to pay disbursements of

$1,072.

J.P. Doogue

Associate Judge