Weaver v HML Nominees Ltd

Case [2016] NZHC 473


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-003130 [2016] NZHC 473

BETWEEN

ANN-LOUISE EVELYN CHANTAL

WEAVER AND GRAHAM WILLIAM ANDERSON

Plaintiffs

AND

HML NOMINEES LIMITED First Defendant

HELEN MARTHA MOORE Second Defendant

Continued…

Hearing: On the papers

Counsel:

T J Rainey and J Heard for plaintiffs
D R Bigio and C I Hadlee for first and second defendants
D J Barr and S S R Meares for third defendant
N J Scampion for second third party and seventh third party

Judgment:

18 March 2016

JUDGMENT OF KATZ J [Costs]

This judgment was delivered by me on 18 March 2016 at 4:45pm pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Solicitors:          Rainey Law, Auckland LeeSalmonLong, Auckland Simpson Grierson, Auckland Wilson Harle, Auckland

Counsel:            D R Bigio, Shortland Chambers, Auckland

N J Scampion, Shortland Chambers, Auckland

Copy to:            V Toon, Corporate Restructuring Limited, Auckland

WEAVER & ANDERSON v HML NOMINEES LIMITED & ORS [2016] NZHC 473 [18 March 2016]

AUCKLAND COUNCIL

Third Defendant

STONESCAPES LIMITED (IN LIQUIDATION)

First Third Party

FLEXCO (NZ) LIMITED

Second Third Party

ASHTON MITCHELL ARCHITECTS LIMITED (DISCONTINUED)

Third Third Party

BUILDING CODE CONSULTANTS LIMITED (DISCONTINUED)

Fourth Third Party

KELVIN LEONARD WALLS (DISCONTINUED)

Fifth Third Party

COOPER ROOFING COMPANY (DISCONTINUED)

Sixth Third Party

FLEXCO (NZ) LIMITED

Seventh Third Party

MOHAN ROOFING SERVICES LIMITED

Eighth Third Party

POINT CONSTRUCTION LIMITED (DISCONTINUED)

Ninth Third Party

STONESCAPES LIMITED (IN LIQUIDATION)

Tenth Third Party

JACKSON CLAPPERTON AND PARTNERS LIMITED (DISCONTINUED)

Eleventh Third Party

Introduction

[1]      The plaintiffs, Ann-Louise Weaver and Graham Anderson, own a property in St Mary’s Bay, Auckland.  They issued proceedings seeking to recover losses they allegedly suffered as a result of the failure of remedial work undertaken by the previous owner of the property, HML Nominees Limited (“HML”), in 2005 and

2006.  HML is the corporate trustee of Helen Moore’s family trust.  The house was originally built as Mrs Moore’s family home in 1997.

[2]      On 28 August 2015 I delivered judgment in the proceedings (“Judgment”).1

The plaintiffs succeeded against Auckland Council (in tort) and HML (in contract) in respect of one of their major claims, relating to the defective stone cladding, but were otherwise largely unsuccessful.  The Council succeeded in its third party claim against the stonemason, Stonescapes Limited (in liquidation) (“Stonescapes”).  Third party claims against Flexco Limited, brought by the Council and Mrs Moore, both failed.

[3]      I must now determine costs issues between the following parties: (a) the plaintiffs and the Council;

(b)      Flexco and the Council;

(c)       Flexco and HML/Mrs Moore; and

(d)      Stonescapes and the Council.

[4]      Costs  issues  between  the  plaintiffs  and  HML/Mrs  Moore,  and  between

HML/Mrs  Moore  and  the  Council,  have  been  resolved  directly  between  those parties.

1      Weaver v HML Nominees Ltd [2015] NZHC 2080.

Costs as between the plaintiffs and the Council  for the period prior to the

making of the defendants’ Calderbank offer

[5]      On  20  November  2014  the  defendants  made  a  Calderbank  offer  to  the plaintiffs, which was not accepted.  It is therefore necessary to…

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Weaver v HML Nominees Ltd [2016] NZHC 473
Case
[2016] NZHC 473
Decision Date

CaseChat Overview and Summary

Weaver and Anderson, the plaintiffs, sought to recover losses they allegedly suffered from the failure of remedial work undertaken by the previous owner of the property, HML Nominees Limited. The High Court of New Zealand determined the costs issues between the parties, including the plaintiffs, HML, Auckland Council, and others. The court assessed the costs for the period up to the Calderbank offer, finding that the plaintiffs and the Council had roughly equal measures of success and failure. The court ordered costs to lie where they fell for that period. The court also considered the Calderbank offer, finding that the plaintiffs unreasonably rejected the offer and pursued a claim that lacked merit. As a result, the Council was awarded scale costs and a 50 per cent uplift for the period following the Calderbank offer. The court further assessed the costs liability of the Council, HML, and Mrs Moore to Flexco, awarding Flexco scale costs and increased costs against the Council. The court also ordered the plaintiffs to contribute to the Council's costs liability to Flexco. Finally, the court ordered Stonescapes to pay the Council's costs in relation to the third party claim.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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