TSB Bank Limited v Wheldale

[2014] NZHC 52

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV2013-404-001678 [2014] NZHC 52

BETWEEN  TSB BANK LIMITED Plaintiff

ANDALLEN JOHN WHELDALE Defendant

Hearing:                   On the papers

Appearances:           J Anderson for the Plaintiff

A J Wheldale the Defendant

Judgment:                4 February 2014

JUDGMENT AS TO COSTS OF ASSOCIATE JUDGE CHRISTIANSEN

This judgment was delivered by me on

04.02.14 at 4:30pm, pursuant to

Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

TSB BANK LIMITED v A J WHELDALE [2014] NZHC 52 [4 February 2014]

[1]      On 24 October 2013 I delivered a judgment upon plaintiff’s application for summary judgment.  The self represented defendant opposed summary judgment on the basis  of claims  that  the  plaintiff  had  not  acted appropriately to  obtain  best available price in the course of it exercising its mortgagee rights of sale.

[2]      I dismissed the defendant’s claims of an arguable defence.  In that outcome I

granted summary judgment to the plaintiff.

[3]      On 19 November 2013 a memorandum was filed on behalf of the plaintiff seeking  costs  be fixed on  a solicitor-client  basis.   The plaintiff relies  upon  the defendant’s contractual obligation to pay all costs including in respect of exercising any rights or powers of debt recovery including all legal expenses charged.

[4]      Counsel’s memorandum has provided a copy of instructing solicitors fees invoices indicating total solicitor-client costs of $37,971.12 inclusive of disbursements.

[5]      Unfortunately the invoice copies are largely illegible.   However one that is not, namely a copy of the invoice dated 3 September 2013 notes a claim for ‘our fee

$18,520.00’ and nothing more.

[6]      In the circumstances the Court proposes to fix costs according to scale 2B, subject to the Court reviewing counsel’s calculation of costs and disbursements to be awarded.

[7]      This case was straightforward and uncomplicated.

[8]      In the circumstances the Court considers the plaintiff should pursue recovery of any additional legal costs and disbursements by recourse to its contractual rights.

Associate Judge Christiansen