Tod v Tod
[2015] NZHC 1018
•14 May 2015
IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
CIV-2014-470-047 [2015] NZHC 1018
UNDER the Administration Act 1969 IN THE MATTER OF
the estate of the late ALEXANDER MICHAEL TOD
BETWEEN
JULIA ORETIE TOD, ALISTAIR MICHAEL TOD, MARK ALEXANDER TOD and MATTHEW JOHN TOD Plaintiffs
AND
SHEILA HOLMS TOD sued as executor and trustee of the will of the late ALEXANDER MICHAEL TOD Defendant
On papers Judgment:
14 May 2015
COSTS JUDGMENT OF BROWN J
Solicitors:
Anthony Frankovich, Auckland for Plaintiffs
Harmos Horton Lusk, Auckland for Defendant
Counsel:
G Harrison, Auckland
ACM Fisher QC, Auckland
TOD v TOD [2015] NZHC 1018 [14 May 2015]
[1] My judgment of 23 March 2015 stated that the defendant was prima facie entitled to costs and recorded my preliminary view that costs should be on a
2B basis. However, if costs at a different level were sought or if costs were opposed, then the party seeking a different outcome was to file a memorandum within 10 working days. No memorandum was filed.
[2] By memorandum dated 5 May 2015 the defendant has submitted a costs and disbursements schedule which calculates costs on a 2B basis at $22,748.
[3] I consider that the schedule is erroneous in three respects. First, the daily rate used of $1,880 is the former rate prior to the rate of $1,990 provided for in the High Court Amendment Rules 2012 (SR2012/93). Secondly, the item references and time allocations used are those which applied prior to the current Schedule 3. Thirdly, the Court record confirms that the hearing concluded shortly prior to lunch on
31 October 2014. Consequently the allocated time for the hearing should be 0.5 and provision for second counsel should be 0.25.
[4] Annexed to this judgment is a revised schedule reflecting the required adjustments. Costs on a 2B basis are $25,571.50. The disbursements submitted are
approved.
Brown J
Annexure
Item Description Days Amount Daily rate - $1,990 2 Commencement of defence (receiving instructions, researching facts and law and preparing, filing and serving notice of opposition) 2 $3,980.00 11 Filing memoranda
(a) 22 August 2014
(b) 7 November 2014
(c) 11 December 2014(d) 15 December 2014
(e) Memorandum of 27 January 2015
(f)
0.4
0.4
0.40.4
0.4
796.00
796.00
796.00796.00
796.00
13 Appearance at case management conferences
(a) 27 August 2014
(b) 12 December 2014
(c)
0.3
0.3
597.00
597.00
30 Defendant’s preparation of affidavits to be used at hearing 2.5 4,975.00 32 Defendant’s preparation of list of issues and authorities selecting documents for common bundle of documents and all other preparation 2 3,980.00 33 Preparation for hearing 3 5,970.00 34 Appearance at hearing 0.5 995.00 35 Second counsel 0.25 497.50 TOTAL $25,571.50
0
0
0