Sleight v Beckia Holdings Limited

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IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2017-409-000818

[2021] NZHC 456

BETWEEN JOAN MARGARET FRASER SLEIGHT and ALAN LEITHFIELD SLEIGHT
Plaintiffs

AND

BECKIA HOLDINGS LIMITED

(PREVIOUSLY FR 2012 LIMITED and FARRELL RESIDENTIAL LIMITED
First Defendant

ORANGE H MANAGEMENT LIMITED (PREVIOUSLY HAWKINS
MANAGEMENT LIMITED)

(In Receivership and In Liquidation) Second Defendant

IAG NEW ZEALAND LIMITED
Third Defendant

QBE INSURANCE (AUSTRALIA) LIMITED

Fourth Defendant

Counsel:

D J Cooper and M J Borcoski for Plaintiffs

N S Gedye QC, O V Collette-Moxon and M K Booth for Third Defendant
D H McLellan QC, S D Galloway and L Green for Fourth Defendant

Judgment:

10 March 2021


JUDGMENT OF GENDALL J AS TO COSTS AND INTEREST

(Determined on the papers)


SLEIGHT v BECKIA HOLDINGS LIMITED [2021] NZHC 456 [10 March 2021]

Costs

[1]                In a judgment I issued in this proceeding dated 30 October 20201 I reserved costs. I then went on to indicate that, in the event, counsel were unable to settle the costs issue between themselves, then memoranda could be filed and, in the absence of any party indicating they wished to be heard on the costs question, I would decide that based on the memoranda filed and the material then before the Court.

[2]                Initially, counsel advised that no agreement had been reached on the issue of costs. A significant number of memoranda on costs have since been filed, the latest being a joint memorandum received from counsel for the third defendant IAG and the fourth defendant QBE dated 4 March 2021 and filed 5 March 2021. That joint memorandum indicates that, as between IAG and QBE, they have now settled their respective costs claims and they no longer require this Court to determine those costs. The memorandum confirms there is also no issue as to costs on the various cost applications as between IAG and QBE.

[3]                That leaves outstanding the plaintiffs’ claim for costs as effectively the successful party, confirmed in my 30 October 2020 substantive judgment.

[4]                Here, the plaintiffs seek an order against QBE (and effectively against IAG jointly and severally) for the following:

(a)High Court scale costs totalling $177,180.63 calculated largely on a scale category 2B basis, although in relation to attendances for trial, calculated on a category 3 basis.

(b)Disbursements outlined in a memorandum of submissions totalling

$6,814.09.

(c)Expert costs totalling $204,802.61 also outlined in this memorandum of submissions.


1      Sleight v Beckia Holdings Ltd [2020] NZHC 2851.

[5]                As to these matters, I am satisfied r 14.2(1)(a) of the High Court Rules applies here enabling the plaintiffs as the party who largely succeeded in the proceeding being entitled to a payment of costs from both IAG and QBE as the parties who effectively failed as against the plaintiffs. Given this, as I see it, those parties would ordinarily be jointly and severally liable for the plaintiffs’ costs, disbursements and experts’ costs.

[6]                Counsel for the plaintiffs has acknowledged, however, that the plaintiffs did…

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Details
Case
[2021] NZHC 456
Decision Date

CaseChat Overview and Summary

The plaintiffs, Joan Margaret Fraser Sleight and Alan Leithfield Sleight, brought an action against Beckia Holdings Limited, Orange H Management Limited, IAG New Zealand Limited, and QBE Insurance (Australia) Limited, in the High Court of New Zealand. The plaintiffs sought damages and other remedies for breach of contract and negligence related to the defective repair of their home. The legal issues the court was required to decide included the apportionment of costs and the calculation of interest on the judgment sums awarded to the plaintiffs. The court found that the plaintiffs were entitled to a payment of costs from the defendants, as they were the successful party in the proceeding. The court also found that the plaintiffs were entitled to an award of interest on the judgment sums awarded to them at the prescribed rate of five per cent per annum from 19 June 2015 to the date of judgment, 30 October 2020, to compensate them for the delayed payment by IAG. The court rejected the argument that no interest should be awarded because damages were assessed based on costs current at the time of trial. Instead, the court found that the factors supporting the award of interest included the fact that the plaintiffs' claim against IAG arose in contract under their insurance policy, and IAG had been in breach of a direct payment obligation since June 2015. The court concluded that the award of interest was necessary to achieve a just result for the plaintiffs, who had been deprived of their contractual policy entitlement for the intervening period. The court ordered that the defendants pay the plaintiffs' costs and interest as determined.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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