Savvy Vineyards 4334 Limited v Weta Estate Limited

[2018] NZHC 457

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2016-404-2735

[2018] NZHC 457

BETWEEN

SAVVY VINEYARDS 4334 LIMITED

First Plaintiff

SAVVY VINEYARDS 3552 LIMITED
Second Plaintiff

AND

WETA ESTATE LIMITED

First Defendant

TIROSH ESTATE LIMITED

Second Defendant

Hearing:	On the papers
Counsel:	D P H Jones QC and C L Bryant for Plaintiffs R E Harrison QC for Defendants
Judgment:	19 March 2018

COSTS JUDGMENT OF WHATA J

This judgment was delivered by me on 19 March 2018 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Hesketh Henry, Auckland

Boyle Mathieson, Auckland

SAVVY VINEYARDS 4334 LIMITED v WETA ESTATE LIMITED [2018] NZHC 457 [19 March 2018]

[1]    By judgment dated 12 February 2018, I declined the defendants’ application for discovery. I now have costs  memorandum  of counsel  for the plaintiffs, dated  15 February 2018,  and  the  memorandum  in  reply  from  the  defendants,  dated  20 February 2018.

[2]    The plaintiffs seek costs on a 2B basis. The defendants accept this, but take issue with two items:

(a)Step 28, obtaining judgment without appearance; and

(b)Step 36, filing memorandum for costs.

[3]    I agree with the defendants that these two items should be excluded from an award of costs. Step 28 was not taken in this proceeding. I am not minded to award costs on an application for costs. There is no complexity to the costs application. The plaintiffs are otherwise entitled to costs on a 2B basis.

[4]I make an award of costs in favour of the plaintiff in the sum of $5,958.00.