Sharma v Wati HC Auckland CIV-2006-404-2976

[2008] NZHC 2660

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2006-404-2976

IN THE MATTER OF     an application for review of costs by

Deputy Registrar in CIV-2006-404-2976

BETWEEN  DEO DATT SHARMA Applicant

ANDNIRMALA WATI Respondent

Hearing:         [Dealt with on the papers] Judgment:   30 October 2008 at 3:00 pm

JUDGMENT OF JOHN HANSEN J [COSTS]

This judgment was delivered by me on 30 October 2008 at 3:00 pm pursuant to Rule 540(4) of the High Court Rules

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Registrar/Deputy Registrar

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Date

DD Sharma, 1/97 McLeod Road, Te Atatu South, Auckland

Witten-Hannah Howard, 187 Hurstmere Road, Takapuna, Auckland

SHARMA V WATI HC AK CIV-2006-404-2976  30 October 2008

[1]      On 14 October 2008 I issued a reserved decision on the applicant’s notice seeking to review a taxation of costs by the Deputy Registrar.

[2]      What occurred is that the Deputy Registrar sealed an order including costs that had been reserved but not the subject of any further orders of the Court.  The Deputy Registrar should not have done so.

[3]      However,  I also  found  that  the  procedure  adopted  by  the  applicant  was misconceived in that there had not been a taxation of costs by the Registrar.

[4]      In those circumstances, I consider the appropriate order is that costs should lie where they fall.  Accordingly there will be no order for costs.

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John Hansen J