Savage v Dalgleish

[2019] NZHC 818

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2018-404-2859

[2019] NZHC 818

UNDER

Sections 319 and 320 Property Law Act 2007

IN THE MATTER

of an application for an order authorising entry onto respondent’s land

BETWEEN

ANTHONY BRIAN SAVAGE and SAVAGE TRUSTEES LIMITED

Applicants

AND

ADAM JONATHAN DALGLEISH

Respondent

Hearing:	On the papers
Counsel:	R O Parmenter for the Applicants S E Wroe for the Respondent
Judgment:	12 April 2019

JUDGMENT OF JAGOSE J

[Costs]

This judgment is delivered by me on 12 April 2019 at 5.00 pm pursuant to r 11.5 of the High Court Rules.

.....................................................

Registrar / Deputy Registrar

Counsel/Solicitors:

R O Parmenter, Barrister, Auckland

Powle Hudson Lawyers, Auckland (Applicants) S E Wroe, Barrister, Auckland

Affordable Law Limited, Auckland (Respondent)

SAVAGE v DALGLEISH [2019] NZHC 818 [12 April 2019]

[1]    This proceeding was brought under ss 319 and 320 of the Property Law Act 2007, seeking authorisation to enter neighbouring land. It is by definition a dispute between neighbours. Without further material substantive steps in the proceeding, these neighbours settled matters, except for the question of costs. As duty judge, the parties’ costs memoranda have been put before me.

[2]    The applicants seeks 2B costs and disbursements of about $12,000. The respondent says costs should lie where they fall, but otherwise be only of modest proportion.

[3]    I have no foundation on which to exercise my discretion by reference to applicable principle.1 I cannot identify who may be said to have failed or succeeded; I do not know the complexity or significance of the proceeding; I cannot assess what steps reasonably were required in its prosecution, or what was a reasonable time for each. I am not assisted by counsel’s contentions as to the foundations for the neighbours’ dispute.

[4]In those circumstances, I order costs are to lie where they fall.

—Jagose J

1      HCR 14.2.