Te Wairua o Te Ora Trust (in liquidation) v Stewart

[2019] NZHC 1562

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CIV-2018-463-108

[2019] NZHC 1562

BETWEEN

TE WAIRUA O TE ORA TRUST (In

Liquidation) Applicant

AND

MARIE STEWART

First Respondent

AND

NGAIRE KATIPA

Second Respondent

AND

JOHN HAPE

Third Respondent

AND

LILAC RATU

Fourth Respondent

On the papers
Appearances:	G Slevin for Applicant (via AVL)
Judgment:	4 July 2019

COSTS JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 4 July 2019 at 4.00 pm Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

TE WAIRUA O TE ORA TRUST (In Liquidation) v STEWART [2019] NZHC 1562 [4 July 2019]

[1]    On 20 June 2019, following a formal proof hearing, I issued a judgment in which I made orders under s 52 of the Trustee Act 1956.1 I reserved the question of costs and have now received Mr Slevin’s memorandum on behalf of the applicant seeking costs against the first respondent only.

[2]    Where multiple parties to court proceedings are liable for costs, it is for the party entitled to costs to elect against whom an order for costs will be sought. In this case, there is no basis for the Court to question that decision.

[3]    I am satisfied that the amount claimed is consistent with the schedules for calculating costs and disbursements under the rules,2 and that there is no basis upon which the Court should reduce the costs payable.3

[4]Accordingly, I direct the first respondent to pay to the applicant costs of

$12,376.50 and disbursements of $1,351.33, a total of $13,727.83.

..........................................

Toogood J

1      Te Wairua O Te Ora Trust (in liq) v Stewart & Ors [2019] NZHC 1420.

2      High Court Rules 2016, sch 2 and 3.

3      Rule 14.7.