Trident Trust company (NZ) Limited v Bozo

[2018] NZHC 1599

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-003060

[2018] NZHC 1599

BETWEEN

TRIDENT TRUST COMPANY (NZ) LIMITED

Applicant

AND

LEOPOLDO EDUARDO CASTILLO BOZO

Respondent

CIV-2018-404-000304

BETWEEN

GILDA MARIA CALVO DE CASTILLO
Applicant

AND

TRIDENT TRUST COMPANY (NZ) LIMITED

First Respondent

MARIALE HOLDINGS LIMITED
Second Respondent

LEOPOLDO EDUARDO CASTILLO BOZO

Third Respondent

Hearing:	On the papers
Judgment:	2 July 2018

JUDGMENT OF DOWNS J

(Costs)

This judgment was delivered by me on Monday, 2 July 2018 at 11 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

TRIDENT TRUST COMPANY (NZ) LTD v BOZO [2018] NZHC 1599 [2 July 2018]

[1]My judgment of 4 May 2018 provides the background.1

[2]        There  is  much  agreement about costs.    Trident Trust Company (NZ) Ltd (“Trident”) and Mr Leopoldo Castillo agree Trident is entitled to reimbursement of

$75,500.80 of its costs from the trust fund. The freezing order is varied to allow this payment.

[3]        I am satisfied Mr Castillo should pay $16,257.50 towards Trident’s costs; his actions set the litigation in train.

[4]        This leaves $23,267,38 outstanding, about which little remains known. The parties may file further submissions on this amount if they wish to. Agreement is encouraged.

……………………………..

Downs J

Solicitors/Counsel:

Minter Ellison Rudd Watts, Auckland. TGT Legal, Auckland.

Stace Hammond, Hamilton.

1      Trident Trust Co (NZ) Ltd v Bozo [2018] NZHC 947.