Watkins Manufacturing Corporation v Prestige Pools Limited

[2020] NZHC 1419

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2016-404-2671

[2020] NZHC 1419

UNDER

the Designs Act 1953

IN THE MATTER

of registered design infringement

BETWEEN

WATKINS MANUFACTURING CORPORATION

Plaintiff

AND

PRESTIGE POOLS LIMITED

First defendant

MICHAEL MCGURK

Second defendant

Hearing:	On the papers
Counsel:	JWS Baigent and J C Dickson for the plaintiff
Judgment:	23 June 2020

JUDGMENT OF JAGOSE J

[Costs]

This judgment was delivered by me on 23 June 2020 at 4.00pm.

Pursuant to Rule 11.5 of the High Court Rules.

.....................................................

Registrar / Deputy Registrar

Solicitors/Counsel:
Simpson Grierson, Auckland

WATKINS MANUFACTURING CORP v PRESTIGE POOLS LTD - Costs [2020] NZHC 1419 [23 June 2020]

[1]                 My 18 April 2018 judgment – determining Prestige’s liability (but not then its quantum) to Watkins, and making injunctive and other orders – reserved costs pending further steps to be taken in the proceeding.1 I expressed my preliminary view Prestige should be liable to pay 2B costs and disbursements to Watkins on the liability phase.2

[2]                 In the event, Watkins abandoned determination of quantum. By memorandum of 23 March 2020, it seeks 2B costs in the amount of $57,144, plus disbursements amounting to $29,176.16. Prestige’s solicitors were unable to obtain instructions from their client on the costs application and ultimately were given leave to withdraw.3

[3]                 I am satisfied from counsel’s memoranda Prestige knows of Watkins’ costs application and of its solicitors’ withdrawal. It has not filed any opposition to Watkins’ costs claim. Prestige is unrepresented. The claim appears orthodox to me, and consistent with my comprehension of the complexity of and time required for matters at trial.

[4]                 I order Prestige pay Watkins 2B costs in the amount of $57,144, and disbursements amounting to $29,176.16.

—Jagose J

1      Watkins Manufacturing Corporation v Prestige Pools Limited [2018] NZHC 709, 131 IPR 353.

2 At [41].

3      Watkins Manufacturing Corporation v Prestige Pools Limited CIV 2016-404-2671 (Minute), 20 June 2020.