Trans Otway Limited v Shepherd

[2005] NZCA 195

IN THE COURT OF APPEAL OF NEW ZEALAND

CA98/04

BETWEENTRANS OTWAY LIMITED

Appellant

ANDIAN BRUCE SHEPHARD AND CHRISTINE MARGARET DUNPHY

Respondents

Hearing:12 April 2005

Court:Anderson P, William Young and Chambers JJ

Counsel:D M Law for Appellant

H L Thompson for Respondents

Judgment:3 August 2005 

JUDGMENT OF THE COURT

A        This court’s judgment dated 13 June 2005 is recalled. 

BAll orders made on 13 June 2005 are confirmed, save for order C.  In place of order C, the following is substituted: “The appellant must pay costs to the respondents in the sum of $3,000, plus usual disbursements. ”

REASONS

[1]        The parties have agreed that costs should be $3,000, not $6,000.  We recall and amend accordingly.  The reasons for judgment given on 13 June 2005 are confirmed, save that [52], on the topic of costs, is deleted.  The reasons should read as if the following were substituted for [52]:

There are no exceptional circumstances concerning this appeal.  Costs should follow the event, in the normal sum for a half day appeal. 

Solicitors:
Wood Ruck Manukau, Manukau, for Appellant
McMahon Butterworth, Auckland, for Respondents