Stirling v Sharma

[2018] NZHC 2683

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2018-418-000057

[2018] NZHC 2683

BETWEEN

MICHAEL BRUCE STIRLING

Applicant

AND

PREMA WATI SHARMA

Respondent

Hearing:	(On the papers)
Counsel:	Rowan Butler for the Applicant Scott McKenna for the Respondent
Judgment:	17 October 2018

[COSTS] JUDGMENT OF MOORE J

This judgment was delivered by me on 17 October 2018 at 12:00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar Date:

STIRLING v SHARMA [2018] NZHC 2683 [17 October 2018]

Introduction

[1]    In a judgment of 18 May 2018 I granted an application to sustain a caveat over a property registered in the name of the respondent.1 I found there was a tenable argument the applicant had been granted an equitable mortgage over the property, and that trial was the appropriate forum to resolve the factual issues relating to the dispute.2

A costs application

[2]    I also indicated that the applicant was entitled to an award of costs on a 2B basis.3 I invited counsel to confirm with a view to reaching agreement. Regrettably, they have failed to do so, as the respondent ceased communication with her counsel.

[3]    The applicant has now filed submissions, seeking costs on a 2B basis in the sum of $11,484.50 and $690 in disbursements:

Item	Description	Daily rate	No. of days	Total
37	Filing originating application and supporting affidavits	$2,230	2	$4,460
11	Filing memorandum for first case management conference	$2,230	0.4	$892
12	Appearance at teleconference	$2,230	0.2	$446
40	Preparation of written submissions	$2,230	1.5	$3,345
41	Preparation by applicant of bundle for hearing	$2,230	0.6	$1,338
42	Appearance at hearing for sole counsel	$2,230	0.25	$557,50
29	Sealing judgment	$2,230	0.2	$446
Total Costs	5.15	$11,484.50
Filing fee	$640
Sealing fee	$50
Total	$12,174.50

1      Striling v Sharma [2018] NZHC 1111.

2 At [37].

3      At [40]-[41].

Analysis

[4]    As I indicated in my judgment, I consider 2B categorisation properly reflects the complexity and significance of the proceeding.

[5]    I am also satisfied that all costs contained in the schedule of costs, and the disbursements claimed, are reasonable.

Decision

[6]The applicant is entitled to $12,174.50 in costs and disbursements.

Moore J

Solicitors/Counsel:

Mr Butler, Auckland

Grantham Law, Hamilton