Sain v Millie Erceg Trustee Limited

[2020] NZHC 1778

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-000546

[2020] NZHC 1778

UNDER

the Land Transfer Act 2017

IN THE MATTER

of an application under s 143

BETWEEN

VINKA PATRICIA SAIN
Applicant

AND

MILLIE ERCEG TRUSTEE LIMITED

Respondent

Hearing:	On the papers
Judgment:	22 July 2020

JUDGMENT OF DOWNS J

(Costs)

This judgment was delivered by me on Wednesday, 22 July 2020 at 11 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel: LawWorks, Auckland. Anthony Harper, Auckland. DR Bigio QC, Auckland.

SAIN v MILLIE ERCEG TRUSTEE LTD [2020] NZHC 1778 [22 July 2020]

[1]                  Ms Sain successfully applied to sustain a caveat  on  the  title  to  a  home. She seeks 2B costs in relation to her application. The respondent contends costs should be determined at the end of the trial, when the outcome is known, as Ms Sain’s (substantive) claim hinges on credibility determinations. The respondent also cites delay on Ms Sain’s part.

[2]                  I award Ms Sain 2B costs for the simple reason she was successful.1 If the respondent succeeds at trial, it will have trial costs.

……………………………..

Downs J

1      Rule 14.2(1)(a), High Court Rules 2016. Were this an interlocutory application, costs would also be fixed now (pursuant to r 14.8).