SPX Flow Technology New Zealand Limited v Gas 1 Limited

[2017] NZHC 2899

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2014-412-000024 [2017] NZHC 2899

BETWEEN

SPX FLOW TECHNOLOGY NEW

ZEALAND LIMITED Plaintiff

AND

GAS 1 LIMITED Defendant

Hearing:	On the papers
Counsel:	I Thain and I Scorgie for the Plaintiff H McIntosh and H MacFarlane for the Defendant
Judgment:	23 November 2017

JUDGMENT OF NATION J AS TO COSTS

[1]      On  25 August  2017,  the  plaintiff  (SPX)  obtained  judgment  against  the defendant (Gas 1) in this proceeding in the sum of $4,512,661 plus GST.  I also made orders requiring Gas 1 to issue the performance certification under the construction contract as at 20 December 2013 and to return the performance bond to SPX.

[2]      I reserved issues as to interest and costs, and granted leave for SPX to apply for any further orders that might be required to give effect to this judgment. Through memoranda from counsel for the parties dated 20 October 2017 and 22 December

2017, the parties have agreed as to the amounts that are due for interest and costs in

accordance with the earlier judgment of the Court.

SPX FLOW TECHNOLOGY NZ LTD v GAS 1 LTD [2017] NZHC 2899 [23 November 2017]

[3]      In accordance with those memoranda, the Court now orders Gas 1 to pay to

SPX:

(a)  pre-judgment interest of $785,990.65;

(b)  post-judgment interest of $64,600.00 for the period from judgment up until

22 November 2017, and continuing to accrue at $725.84 per day from 22

November 2017 until the judgment sum is paid;

(c)  interest charges on the performance bond of $354,168.78;

(d)  costs of $118,078.50; and

(e)  disbursements of $103,662.16.

Solicitors:

DLA Piper, Auckland

H McIntosh, Barrister, Wellington

Van Aart Sycamore, Dunedin.