Smeaton Construction Ltd v Garrett Pasquale Limited

[2013] NZHC 407

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CIV-2012-425-228 [2013] NZHC 407

UNDER  The District Courts Act 1947

IN THE MATTER OF     an appeal pursuant to s72 of that Act

BETWEEN  SMEATON CONSTRUCTION LTD Appellant

ANDGARRETT PASQUALE LIMITED First Respondent

ANDGARRETT KARL PASQUALE Second Respondent

Hearing:         5 March 2013

On the papers

Counsel:         D Tobin for the Appellant

G K Pasquale in Person (with K E Hanson as McKenzie Friend) for the Respondents

Judgment:      5 March 2013

JUDGMENT OF FOGARTY J ON COSTS

[1]      The parties are apart on two issues of costs.   The first is, what should be allowed for the legal services of Mr Sherwood King?   The second is, how much should be allowed for photocopying?

[2]      I accept the calculation of Mr King’s attendances on a 2B basis, as set out in his memorandum of 1 March 2013, save for the last item, costs enforcement process

(anticipated). That reduces his calculation from $10,149 to $9,154.

SMEATON CONSTRUCTION LTD V GARRETT PASQUALE LIMITED HC INV CIV-2012-425-228 [5

March 2013]

[3]      The appellant would reduce the photocopying cost down to $100.   I have cited the invoice for photocopying and printing of $358.  I do not think the sum is excessive.

[4]      Accordingly,   the   respondents   are   entitled   to   costs   of   $9,154   plus disbursement of $358.

Solicitors:

Downie Stewart, Dunedin

Mackay Gilkison, Wellington