Urbani v Gillions and Sons Ltd

[2004] NZCA 65

IN THE COURT OF APPEAL OF NEW ZEALAND

CA56/03

BETWEENPETER FRANCIS URBANI

Appellant

ANDGILLIONS AND SONS LIMITED

Respondent

Hearing:3 March 2004

Coram:McGrath  J
Glazebrook J
Chambers J

Appearances:  I G Hunt and A Isac for Appellant

C S Withnall QC and A W Belcher for Respondent

Judgment:18 May 2004 

JUDGMENT OF THE COURT ON COSTS DELIVERED BY GLAZEBROOK J

[1]       In our judgment of 1 April 2004 counsel were invited to file submissions on costs if Mr Urbani was not legally aided. Legal aid for the appeal was declined by the Legal Services Agency on 10 March 2004, although an application for review of that decision is yet to be determined. The respondent seeks solicitor/client costs and an order that, in the event that Mr Urbani is unable to pay these costs, Mr Urbani’s solicitors should indemnify it.

[2]       Having carefully considered the memoranda filed, we do not consider this a case for an award of costs against Mr Urbani’s solicitors. We also do not consider there is sufficient reason to depart from the usual costs award in this case.

[3]       Mr Urbani is ordered, in the event that the review of the refusal of legal aid is unsuccessful, to pay to the respondent costs of $6,000 (plus the respondent’s reasonable disbursements, including travel and accommodation costs of counsel, to be set by the Registrar if necessary).

[4]       Mr Urbani is to progress the review of his legal aid application with due diligence and file and serve a memorandum indicating the result of the review as soon as it is known. Counsel have leave to apply for further directions in this matter if necessary.

Solicitors:

Young Hunter, Christchurch for Appellant

Lucas & Lucas, Dunedin for Respondent