Taylor v Asteron Life Limited

[2019] NZHC 2897

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2015-485-1032

[2019] NZHC 2897

BETWEEN

PETER JAMES TAYLOR

Plaintiff

AND

ASTERON LIFE LIMITED

Defendant

Hearing:

On the papers

Counsel:

A C Beck for the Plaintiff

C M Meechan QC and A Borchardt for the Defendant

Judgment:

6 November 2019

JUDGMENT OF COOKE J

(Costs in relation to stay and other matters)

[1]                 By judgment dated 27 September 2019 I upheld the plaintiff’s objection to the terms of the sealed order, rejected his argument that the earlier substantive costs award should not have included an allowance for second counsel, and dismissed his application for a stay of execution.1

[2]                 By memorandum dated 30 October 2019 the defendant has sought costs in relation to that application which have not been able to be agreed. The plaintiff has filed submissions in opposition dated 5 November 2019.

[3]                 There is no dispute as to the claimed costs as calculated in schedule A of the counsel for the defendant’s memorandum of 30 October 2019. The only dispute is to whether costs should lie where they fall on the basis that both sides had a measure of success given the plaintiff succeeded on one issue as argued by the plaintiff.

1      Taylor v Asteron Life Ltd [2019] NZHC 2459.

TAYLOR v ASTERON LIFE LIMITED [2019] NZHC 2897 [6 November 2019]

[4]                 In my view the application for a stay was the substantive matter to be addressed by the Court. The other two matters were minor technical matters, and on those matters the plaintiff succeeded on one, but not the other. In the circumstances I conclude that there should be a modest reduction of approximately 10 per cent on the costs claim. I order that the total amount to be awarded to the defendant, including disbursements, will be $5,108.00.

Cooke J

Solicitors:

Peter Sara, Dunedin for Plaintiff

Anne Lindsay, Auckland for Defendant