Renewable Resources Limited v W E Hale Limited

[2022] NZHC 2516

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-0189

[2022] NZHC 2516

IN THE MATTER OF

An appeal against the Judgment of the District Court of New Zealand, Manukau Registry

BETWEEN

RENEWABLE RESOURCES LIMITED

Appellant

AND

W E HALE LIMITED

Respondent

Hearing:	On the papers at Auckland
Judgment:	3 October 2022

JUDGMENT OF POWELL J

[Costs]

This judgment was delivered by me on 3 October 2022 at 4 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors/Counsel:

Braun Bond & Lomas Ltd, Hamilton (T Braun) Martelli Mckegg, Auckland (A W Johnson)

RENEWABLE RESOURCES LIMITED v W E HALE LIMITED [2022] NZHC 2516 [3 October 2022]

[1]    On 24 August 2022 I confirmed by Minute that the appeal was abandoned from 5 April 2022 after security was not paid as directed. The respondent sought costs on a 2B basis for the abandoned appeal and the appellant was given until 7 September 2022 to file any submissions in opposition to the costs sought. However, no steps have been taken by the appellant to oppose costs.

[2]    As no issue has been taken by the appellant with the quantum of costs sought I can see no basis upon which the order should not be made.

[3]    The respondent is entitled to costs against the appellant in the sum of $2,151.00 plus disbursements of $50.00, a total of $2,201.00.

Powell J