Rondova v When Routine Bites Hard Ltd

[2013] NZHC 2211

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-1486 [2013] NZHC 2211

BETWEEN

VALENTJNA RONDOVA Appellant

AND

WHEN ROUTINE BITES HARD LIMITED

Respondent

Hearing:	(on the papers)
Counsel:	M J Robinson for the Appellant No submissions for the Respondent
Judgment:	28 August 2013

JUDGMENT OF WOODHOUSE J (Costs)

This judgment was delivered by me on 28 August 2013 at 4:30 p.m. pursuant to r 11.5 of the High Court Rules 1985.

Registrar/Deputy Registrar

……………………………………

Counsel:

Mr N Campbell, Barrister, Auckland

Instructing Solicitor:

Mr M J Robinson and Ms C Anderson (for the Appellant), Turner Hopkins, Solicitors, Auckland
Copy to:

Mr L J Turner, Barrister, Auckland

Chris Wilson, Herne Bay Law, Solicitors, Auckland

RONDOVA v WHEN ROUTINE BITES HARD LIMITED [2013] NZHC 2211 [28 August 2013]

[1]      The judgment of 20  February 2013 awarded costs in this  Court and the District  Court  to  the  appellant.    There  was  a  direction  in  the  usual  way  for memoranda from the parties if they could not agree on costs.1

[2]      A  memorandum  for  the  appellant  was  filed  on  12  July  2013  with  an itemisation of costs sought based on the scales under the District Court Rules and the High Court Rules, together with disbursements.

[3]      Any memorandum in reply for the respondent was due by 9 August 2013. No memorandum was filed.   By minute of 15 August 2013 I gave the respondent until 21 August 2013 to respond.  Email advice has been received from Mr Turner, counsel for the respondent at the hearing, that he is no longer instructed as counsel. This led to a registry enquiry to Mr Wilson, solicitor for the respondent, as to whether there would be any response.  By email dated 27 August 2013 Mr Wilson advised that he has no instructions from the respondent to take any steps in the matter.

[4]      The  District  Court  and  High  Court  costs  itemised  in  the  appellant’s memorandum dated 10 July 2013 are in accordance with the scales and are approved. The disbursements are also approved.  However, there is an arithmetical error in the addition of the High Court costs – the total is $7,979, not $8,159.

[5]      Accordingly,   there   is   an   order   that   the   respondent   pay   costs   and disbursements to the appellant in a total sum of $37,023.10.

Woodhouse J

1      Rondova v When Routine Bites Hard Ltd [2013] NZHC 267 at [101].