Vets v Kohinoor Limited HC Auckland CIV-2010-404-3262

[2011] NZHC 818

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2010-404-3262

UNDER  the Reciprocal Enforcement of Judgments

Act 1934

IN THE MATTER OF     a judgment of the Commercial Court of the

Judicial District of Antwerp

BETWEEN  LUC VETS Judgment Creditor

ANDKOHINOOR LIMITED Judgment Debtor

Judgment:      20 July 2011 at 11:00 AM

COSTS JUDGMENT OF DOBSON J

This judgment was delivered by me on 20 July 2011 2010 at 11am pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Patterson Hopkins, Auckland for judgment creditor ([email protected])

VETS v KOHINOOR LIMITED HC AK CIV-2010-404-3262 20 July 2011

[1]      The application on behalf of the judgment creditor for separate orders in relation to costs in these proceedings has been referred to me as Duty Judge.

[2]      The judgment creditor is entitled to costs on the New Zealand proceedings to register the Belgian judgment in this jurisdiction.

[3]      However, the quantum of costs sought is inappropriate.   The appropriate analogy  for  commencement  of  these  proceedings  is  that  for  an  originating application.   Accordingly,  under schedule 3,  item  25,  1.6  days  is  allowed.   An allowance of 0.2 days for sealing the orders is appropriate, but no further allowance is justified.  The application for costs could have been incorporated in the original proceeding.

[4]      Accordingly,  the  costs  allowance  on  a  2B  basis  is  1.8  days.     The disbursements sought are allowed.

Dobson J