Simon v Taupo District Council HC Rotorua CIV 2010-463-453

[2010] NZHC 2214

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV 2010-463-000453

BETWEEN  DAWN PATRICIA SIMON STANLEY PHILLIP SIMON Appellants

ANDTAUPO DISTRICT COUNCIL Respondent

Judgment:      9 December 2010

On the Papers

JUDGMENT OF WYLIE J

Solicitors:

Mr & Mrs Simon, 44 Hirangi Road, Turangi

Whitlock & Co, P O Bpx 100 449, North Shore 0745

DAWN PATRICIA SIMON & ANOR V TAUPO DISTRICT COUNCIL HC ROT CIV 2010-463-000453  9

December 2010

[1]      I gave judgment in this matter on 23 August 2010 in favour of the council.  I recorded at [34] that the council was entitled to costs, although noting that there may be little or no point in seeking to recover the same.

[2]      The council has since filed a memorandum seeking costs on a category 1B

basis.

[3]      I am advised that that costs memorandum was served on the Simons.   In terms of my judgment, they had the right to reply.   There has been no reply from them.

[4]      The  council  is  clearly  entitled  to  costs.     It  was  the  successful  party. Moreover, I am satisfied that the appropriate cost category is 1B.  The proceedings were relatively straightforward.  They would however have required the normal time allocation.

[5]      In the circumstances, it seems that the appropriate category for costs purposes is 1B, and I so order.  Costs are to be finalised on that basis.

[6]      The council is also entitled to its reasonable disbursements.  In the event of dispute, the same is to be referred to the Registrar.

Wylie J