Ruapehu Cottages Limited v Sainsbury, Logan & Williams

[2022] NZHC 1239

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CIV-2020-441-91

[2022] NZHC 1239

BETWEEN

RUAPEHU COTTAGES LIMITED

First Plaintiff

CLAIRE ELIZABETH HEWITT
Second Plaintiff

AND

SAINSBURY, LOGAN & WILLIAMS

First Defendant

FINDEX NZ LIMITED

Second Defendant

Hearing:

30 May 2022

Counsel:

P J Napier for Plaintiffs

H Bridgman for Second Defendant

Judgment:

30 May 2022

ORAL JUDGMENT OF CHURCHMAN J

[1]                 This is a matter where the plaintiffs have discontinued against the first defendant. All the Court is concerned with today is in relation to costs on the discontinuance. Mr Napier indicates that some two weeks prior to the scheduled date for the substantive hearing he endeavoured to contact Ms Bridgman advising of the discontinuance.

[2]                 The narrative appears to be largely undisputed by Ms Bridgman. There were a couple of  telephone  calls,  a  message  left  with  the  receptionist  of  the  firm  Ms Bridgman is with, but no response from her.

RUAPEHU COTTAGES LIMITED & ANOR v SAINSBURY, LOGAN & WILLIAMS & ANOR [2022] NZHC 1239 [30 May 2022]

[3]                 Mr Napier says that given the imminence of the hearing date and the fact that unless it was by consent, the leave of the Court was required for a discontinuance that, in the absence of a response from Ms Bridgman, he was obliged to file the application. He seeks costs on a 2B basis. Ms Bridgman says that in the circumstances, only a relatively short delay occurred and that, upon receipt of the application, the next day she consented to it.

[4]                 This is a matter at the lowest end of the scale. However, it does raise an important issue as to the obligations owed by counsel, one to the other. I think it can be appropriately marked by an award of costs of $200 in the applicant’s favour, together with the disbursement of the filing fee.

Churchman J

Solicitors:

Keegan Alexander, Solicitors, Auckland for Plaintiffs Morgan Coakle, Auckland for First Defendant

Robertsons, Barristers & Solicitors, Auckland for Second Defendant