Rhind v Stevenson

[2022] NZHC 2415

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2022-404-000376

[2022] NZHC 2415

BETWEEN

CHERIE BERYL RHIND (previously known as CHERIE BERYL EDWARDS)

Appellant

AND

IAN LESLIE STEVENSON

Respondent

STEVENSON ACCOUNTING LIMITED

Second Respondent

Hearing:	on the papers
Appearances:	M J Fisher for the Appellant N C King for the Respondent
Judgment:	20 September 2022

JUDGMENT OF TAHANA J

(Costs)

This judgment was delivered by me on 20 September 2022 at 4.00pm Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Solicitors/Counsel:

Jones Howden, Barrister & Solicitors, Matamata Noel King Barrister, Auckland

Erskine Chambers, Auckland

RHIND v STEVENSON [costs] [2022] NZHC 2415 [20 September 2022]

Introduction

[1]    The respondents, Ian Stevenson and Stevenson Accounting Ltd, seek costs from the appellant, Cherie Rhind,1 in relation to an appeal against the decision of Judge G M Harrison not to strike out Mr Stevenson’s amended claim to recover a debt owed by Ms Rhind.2 I dismissed the appeal.3

[2]    The respondents seek costs of $13,434.00 calculated on a 2B basis. The appellant has not filed any opposition to the costs claimed.

Relevant law

[3]    Costs awards are at the discretion of the Court.4 Rule 14.2(1)(a) of the High Court Rules provides the general principle that “the party who fails with respect to a proceeding… should pay costs to the party who succeeds.” This is the principle that costs follow the event unless there are exceptional circumstances.5

[4]    In this case, the respondent was successful and it is appropriate that costs be awarded on a category 2B basis.

[5]    The total amount of costs and disbursements of $13,434.00 are calculated as follows:

Item	Particulars	Allocated days6	Amount
53	Commencement of response to appeal	0.5	$1,195.00
54	Case management memorandum	0.4	$956.00
55	Preparation of case on appeal	1	$2,390.00
56	Preparation of written submissions	3	$7,170.00

1      Previously known as Cherie Edwards.

2      Stevenson v Rhind [2022] NZDC 3071.

3      Rhind v Stevenson [2022] NZHC 1594.

4      High Court Rules 2016, r 14.1.

5      Shirley v Wairarapa District Health Board [2006] NZSC 63.

6      Daily rate of $2,390.00 per day. See High Court Rules 2016, Schedule 2.

57	Appearance	0.5	$1,195.00
29	Sealing order for costs	0.2	$478.00
Total		$13,384.00

Disbursements	Amount
Sealing	$50
Total	$50

Result

[6]    I order that the appellant pay costs and disbursements totalling $13,434.00 to the respondents.

Tahana J