Saltburn Holdings Limited v Penrose Leasehold Limited

[2019] NZHC 252

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000374

[2019] NZHC 252

IN THE MATTER

of an appeal under the Arbitration Act 1996

BETWEEN

SALTBURN HOLDINGS LIMITED
Applicant

AND

PENROSE LEASEHOLD LIMITED

Respondent

Hearing:	On the papers
Judgment:	26 February 2019

COSTS JUDGMENT OF DOWNS J

This judgment was delivered by me on Tuesday, 26 February 2019 at 11 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

Foy & Halse, Auckland.

Burton Partners, Auckland. RB Stewart QC, Auckland. DW Grove, Auckland.

SALTBURN HOLDINGS LTD v PENROSE LEASEHOLD LTD [2019] NZHC 252 [26 February 2019]

[1]        Penrose Leasehold Ltd successfully resisted an application by Saltburn Holdings Ltd for leave to appeal to the Court of Appeal. Penrose seeks 2B costs of

$5,575. Saltburn acknowledges Penrose should have costs, but disputes the amount sought. It contends after “taking a step back”, this should be confined to $2,230.

[2]        The correct position lies somewhere in between: $3,345. This figure acknowledges the time it took Penrose to prepare its written submissions. The balance sought—$2,230—was for steps largely duplicating this one.

[3]So, Penrose has 2B costs of $3,345.

……………………………..

Downs J