The Carpet Barn Hamilton Limited v Jobe

[2017] NZHC 2956

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2017-419-168

[2017] NZHC 2956

IN THE MATTER

of an appeal against the decision of the District Court at Hamilton

BETWEEN

THE CARPET BARN - HAMILTON - LIMITED

Appellant

AND

BIANCA HELGA MARIA JOBE

Respondent

Hearing:	(On the papers)
Counsel:	M D Branch and K F Shaw for Appellant T M Braun for Respondent
Judgment:	30 November 2017

COSTS JUDGMENT OF BREWER J

THE CARPET BARN HAMILTON LTD v JOBE [2017] NZHC 2956 [30 November 2017]

Solicitors:

Harkness Henry (Hamilton) for Appellant Whitfield Braun (Hamilton) for Respondent

[1]In my judgment of 25 October 2017, I said:1

It is usual for costs to follow the event. In this case, I am minded to reserve costs. I will receive submissions to the contrary until 15 November 2017. If none are received, costs will be reserved without further order.

[2]        I have received a memorandum of counsel for the appellant as to costs; no memorandum has been filed on behalf of the respondent.

[3]        The appellant seeks costs on a 2B basis in reliance on the common practice that costs on interlocutory applications follow the event.

[4]        On reflection, I find that the appellant is entitled to costs. The appellant was substantially successful in its appeal.

[5]        I would normally award costs in a matter such as this on a 2B basis. However, Mr Branch advises in his memorandum (as is entirely proper) that the appeal was undertaken on a reduced fixed fee basis. Therefore, instead of 2B costs of $12,136, the total of costs and disbursements sought is $6,490.

[6]I award costs on the appeal to the appellant in the sum of $6,490.

Brewer J

1      The Carpet Barn Hamilton Ltd v Jobe [2017] NZHC 2608 at [46].