Robertson v Blair Wright Limited

[2012] NZHC 446

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2008-085-001515 [2012] NZHC 446

BETWEEN  ADAM ROBERTSON Appellant

ANDBLAIR WRIGHT LIMITED Respondent

Hearing:         On the papers

Counsel:         S R Mitchell for Appellant

G C Davenport for Respondent

Judgment:      16 March 2012

In accordance with r 11.5 I direct that the delivery time of this judgment is 12pm on the 16th day of March 2012.

JUDGMENT AS TO COSTS OF MACKENZIE J

[1]      This   appeal   was   abandoned,   by   notice   of   abandonment   filed   on

30 November 2011, the day before the scheduled hearing, 1 December 2011.

[2]      The parties have filed memoranda as to costs.   Counsel for the respondent seeks costs in the sum of $1,880, which is equal to the amount paid in as security for costs.  Counsel for the appellant submits that an award of $500 is appropriate.

[3]      I consider that having regard to the late abandonment of the appeal,  the respondent should have an award of costs for preparation.  Under Schedule 3 of the High Court Rules, the allowance for preparation for an appeal is a time equal to the hearing time.   Because this appeal did not proceed to a hearing, I consider it reasonable to use the estimated hearing time as a basis for assessing the allowance

for preparation. That was one day.

ROBERTSON V BLAIR WRIGHT LIMITED HC WN CIV-2008-085-001515 [16 March 2012]

[4]      I award costs of $1,880, being one day at the appropriate daily recovery rate for a category 2 proceeding.

“A D MacKenzie J”

Solicitors:           Simon Mitchell, Barrister, Auckland for appellant

McBride Davenport James, Wellington for respondent