Ward v Lochore

[2020] NZHC 253

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2018-419-278

[2020] NZHC 253

BETWEEN

RUSSELL STUART WARD

Plaintiff

AND

ANGUS JAMES LOCHORE

Defendant

Hearing:	On the papers
Judgment:	24 February 2020

JUDGMENT OF KATZ J

[Application to stay costs award pending appeal]

This judgment was delivered by me on 24 February 2020 at 4:30pm Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Solicitors:           Bryce Bluett, Hamilton Counsel:      W C Pyke, Barrister, Auckland Copy to:     R S Ward (Plaintiff)

WARD v LOCHORE [2020] NZHC 253 [24 February 2020]

[1]    In a judgment delivered on 12 June 2019 I struck out proceedings brought by Mr Ward against Mr Lochore following the termination of Mr Ward’s lease of commercial premises.1 I made an award of costs  and disbursements  in  favour of  Mr Lochore, as the successful party, on a 2B scale basis.

[2]    Mr Ward subsequently applied to the Court of Appeal for an extension of time to appeal the costs award against him.2 He also filed an application in this Court, seeking to stay the costs award, pending determination of his proposed appeal.

[3]    By judgment dated 24 February 2020, the Court declined to grant an extension of time to appeal, on the basis that Mr Ward’s appeal lacked merit and faced insurmountable barriers.3

[4]    It necessarily follows that the stay application filed in this Court is now moot. It is accordingly dismissed. Mr Lochore is entitled to costs in respect of the stay application on a 2B scale basis.

Katz J

1      Ward v Lochore [2019] NZHC 1314.

2      Pursuant to r 29A of the Court of Appeal (Civil) Rules 2005.

3      Ward v Lochore [2020] NZCA 23.