Robinson v Woest

[2019] NZHC 1879

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CIV-2018-488-000073

[2019] NZHC 1879

IN THE MATTER

of an application under s 328 of the Property Law Act 2007

BETWEEN

JOHN CLIFFORD WALTER ROBINSON
Plaintiff

AND

CINDY DORIS WOEST and ERNEST JOHN WOEST

Defendants

Hearing:	On the papers
Judgment:	5 August 2019

JUDGMENT OF DOWNS J

(Costs)

This judgment was delivered by me on Monday, 5 August 2019 at 1 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

C Muston, Whangarei.

Marsden Woods Inskip Smith, Whangarei.

ROBINSON v WOEST [2019] NZHC 1879 [5 August 2019]

[1]    Mr  John  Robinson  sued   Mr   Ernest   Woest  and   Mrs   Cindy   Woest. Mr Robinson’s suit was dismissed because he failed to comply with an unless order. Mr and Mrs Woest seek 2B costs. On behalf of Mr Robinson, Mr Muston acknowledges his client is liable for costs. But, Mr Muston contends these should not extend to memoranda filed by Mr and Mrs Woest on 20 June, 8 July and 18 July 2019, or the expenses of an arborist, engineer and surveyor—experts retained by the Woests.

[2]    The expenses in relation to the experts were reasonably necessary for the conduct of the defence,  and  reasonable  in  amount.1  They are  recoverable  from Mr Robinson. Time in relation to the three memoranda is also  recoverable under step 36; the memoranda addressed relevant matters in relation to the conduct of the suit. For  example,  Toogood  J  directed  the  Woests  to  file  a  memorandum  if  Mr Robinson did not comply with the unless order. Their 18 July memorandum complied with this direction.

[3]    Mr Muston also questioned whether scale costs exceeded actual costs. As is well known, a litigant may not claim costs greater than those incurred. Ms Golightly, counsel for Mr and Mrs Woest, has confirmed her firm’s costs are greater than those sought.

[4]So, I award Mr and Mrs Woest $23,638 in costs and $10,343.43 disbursements.

……………………………..

Downs J

1      High Court Rules 2016, r 14.12(2).