Tasman Insulation New Zealand Limited v Knauf Insulation Limited

[2015] NZHC 266

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2011-404-8141 [2015] NZHC 266

BETWEEN

TASMAN INSULATION

NEW ZEALAND LIMITED Plaintiff

AND

KNAUF INSULATION LIMITED First Defendant

AND

ECO INSULATION LIMITED Second Defendant

AND

BUILDFORNEXTGEN LIMITED Third Defendant

Hearing:	On Papers
Counsel:	J G Miles QC and K W McLeod for Plaintiff C L Elliott QC and I Finch for Defendants
Judgment:	24 February 2015

COSTS JUDGMENT OF BROWN J

[1]      In my Judgment of 23 January 20151  in which I declined the defendants’ application for a further extension of the order for stay of execution I held that Tasman was entitled to costs.  I directed that a memorandum seeking costs was to be filed by 5 February 2015 and any memorandum in response by the defendants was to be filed by 19 February 2015.

[2]      The plaintiffs filed a memorandum on 5 February 2015 seeking costs on a 2B

basis in the sum of $5,174 in accordance with the calculation in a schedule attached to their memorandum.

1      Tasman Insulation NZ Ltd v Knauf Insulation Ltd [2015] NZHC 26.

TASMAN INSULATION NZ LTD v KNAUF INSULATION LTD [2015] NZHC 266 [24 February 2015]

[3]      The defendants have not filed a memorandum in response.

[4]      I consider that the plaintiff’s calculation of costs on a 2B basis is appropriate. The plaintiffs are awarded costs in the sum of $5,174.

Brown J

Solicitors:

A J Park, Auckland

James & Wells Solicitors, Auckland