Silich v White

[2019] NZHC 729

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2017-443-17

[2019] NZHC 729

BETWEEN

PAUL SILICH, LARRY CROW, CONRAD O’CARROLL AND PATRICIA
O’CARROLL as four of the current trustees of the Te Runanga o Ngati Trust

First Plaintiff

AND

NGATI TAMA CUSTODIAN TRUSTEE LIMITED

Second Plaintiff

HOMESOFT GROUP PTY LIMITED
Third Plaintiff

SITU SYSTEMS PTY LIMITED
Fourth Plaintiff

LISA WHITE
First Defendant

TAHUATA WHITE
Second Defendant

ADRIAN WHITE
Third Defendant

ALLEN WHITE
Fourth Defendant

DENISE TINNEY

Fifth Defendant

Hearing:	On the papers
Judgment:	8 April 2019

COSTS JUDGMENT OF DUFFY J

SILICH & ORS v WHITE & ORS [2019] NZHC 729 [8 April 2019]

This judgment was delivered by me on 8 April 2019 at 3.00 pm pursuant to

Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar

Solicitors:
Anthony Harper, Auckland

[1]                 The plaintiffs proceeded against the fourth defendant in this proceeding by way of formal proof. The plaintiffs were successful and obtained judgment against the fourth defendant. The plaintiffs now seeks costs against the fourth defendant.

[2]                 The general principle is that costs follow the event. Here, the plaintiffs have been successful and seek costs at category 2B for the steps they have taken in the proceeding. I am satisfied that the appropriate category for this proceeding is category 2 and that the appropriate band for the steps the plaintiff has taken in the proceeding is band B. The plaintiffs quantify the category 2B costs as $12,277.00. I accept their calculation.

[3]                 The plaintiffs also seeks disbursements of $1,350 for filing its initiating document and $200 for filing the without notice interlocutory application, such disbursements coming to a total of $1,550. I am satisfied the plaintiffs are entitled to the disbursements they seek.

Result

[4]                 The plaintiffs are awarded costs in the sum of $12,277.00 and disbursements in the sum of $1,550.

Duffy J