Suisse International Limited v Monk

[2012] NZHC 2958

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2011-470-997 [2012] NZHC 2958

BETWEEN  SUISSE INTERNATIONAL LIMITED Plaintiff

ANDBEVERLEY JEAN MONK Defendant

Hearing:         11 September 2012

Appearances: Mr A Swan for plaintiff

Mr P Dalkie for defendant

(on papers) Judgment:   8 November 2012

JUDGMENT OF ASSOCIATE JUDGE DOOGUE [on Costs]

This judgment was delivered by me on

08.11.12 at 4.30 pm, pursuant to

Rule 11.5  of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Counsel:

Mr A M Swan, Southern Cross Chambers, Auckland – [email protected]

Mr P Dalkie, P O box 392, Auckland – [email protected]

SUISSE INTERNATIONAL LIMITED V MONK HC TAU CIV-2011-470-997 [8 November 2012]

[1]      I granted the defendant’s application for security for costs in a judgment

dated 19 September 2012.

[2]      In  accordance  with  r  14.2(a)  the  party  who  failed  with  respect  to  the interlocutory application should pay costs to the other party.  I see no reason not to be guided by this principle. Therefore the plaintiff ought to pay costs.

[3]      I do not consider that the fact that the plaintiff made an offer to pay security for costs at a lesser sum than that ordered affects the exercise of my discretion to order costs.

[4]      Mr Dalkie has sought costs on a 2B basis and I accept that as the appropriate category.   He seeks costs for appearances at two mentions of this matter and preparation or memoranda for those mentions.  I do not consider that costs for those mentions should be included in the present order.  It is possible that the defendant, while succeeding on the application for security for costs, might ultimately fail on the  proceedings  overall.    In  that  case  the  presumption  would  be  that  costs  of attending the mentions would be payable by the defendant and not to the defendant.

[5]      I  accordingly  allow  costs  on  the  filing  of  the  interlocutory  application, preparing the written submissions and appearing at the hearing of  the defended application, which are listed as items 22, 36 and 26 in Mr Dalkie’s submissions.  The

filing fee on the application is also to be paid by the plaintiff, that is the sum of $725.

J.P. Doogue

Associate Judge