Recreation Management Services (Wanganui) Limited v Rangitikei District Council HC Palmerston North CIV 2009-454-548

[2010] NZHC 1662

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CIV 2009-454-548

BETWEEN  RECREATION MANAGEMENT SERVICES (WANGANUI) LIMITED Appellant

ANDRANGITIKEI DISTRICT COUNCIL AND MARTON AQUATIC AND LEISURE TRUST

Respondents

Hearing:         On Papers

Counsel:         G J Thwaite for Appellant

P J Reardon for Respondent

Judgment:      13 September 2010

JUDGMENT OF RONALD YOUNG J (Costs)

[1]      In my judgment of 23 February 2010 I invited memoranda as to costs from the successful respondents and in response from the appellant.   The respondents delayed filing costs memoranda because the appellant sought leave to recall my judgment and applied for leave to appeal.  That matter was dealt with by a judgment on 9 July 2010 where  I dismissed the application to recall and refused leave to appeal.

[2]      The respondents have now filed a memorandum as to costs on the substantive appeal seeking costs on a 2B basis of $10,240 plus disbursements of $40.   The memorandum  was  dated  28 July 2010.    It  has  been  served  on  the  unsuccessful appellant.  They had 14 days within which to respond to the memorandum seeking

costs, they have chosen not to respond.   There is no reason why costs should not

RECREATION MANAGEMENT SERVICES (WANGANUI) LIMITED V RANGITIKEI DISTRICT COUNCIL AND MARTON AQUATIC AND LEISURE TRUST HC PMN CIV 2009-454-548  13 September

2010

follow the event and so the respondents are entitled to costs.  Only one set of costs is appropriate covering both respondents.

[3]      The respondents have sought costs on a 2B basis which totals $10,240.  I am satisfied costs on a 2B basis are appropriate and I award them accordingly with the

additional disbursement of $40.

Solicitors:

G J Thwaite, Barrister, PO Box 6239, Auckland, email:  [email protected]

Ronald Young J

P J Reardon, Barrister, PO Box 1945, Palmerston North, email:  [email protected]