IN THE COURT OF APPEAL OF NEW ZEALAND
CA582/2008
[2009] NZCA 226
BETWEENWORLDWIDE NZ LLC
First AppellantANDJAMES GOSNEY
Second Appellant
ANDQPAM LIMITED
First RespondentANDJACOBSEN VENUE MANAGEMENT NEW ZEALAND LIMITED
Second Respondent
Hearing:26 March 2009
Court:Chambers, Randerson and Potter JJ
Counsel:M J Fisher for Appellants
A C Sorrell and S L Robertson for First Respondent
C P Browne for Second Respondent
Judgment:2 June 2009 at 4 pm
JUDGMENT OF THE COURT
A The appeal is allowed.
B The order for costs made in the High Court on 27 August 2008 is quashed.
C In substitution therefor, an order is made that the appellants must pay the first respondent by way of costs the sum of $13,110 and the second respondent by way of costs the sum of $10,800. The appellants’ liability is joint and several.
D With respect to costs in this court, the respondents must pay the appellants costs for a standard appeal on a band A basis, reduced by a third, plus usual disbursements. The respondents’ liability is joint and several.
REASONS OF THE COURT
(Given by Chambers J)
A costs appeal
[1] This is the third time these parties have been before this court. This time Worldwide NZ LLC and James Gosney are the appellants. They appeal against a costs judgment made by Hugh Williams J on 27 August last year: Worldwide NZ LLC v QPAM Limited HC AK CIV 2006-404-1827. That costs judgment fixed costs in respect of the following interlocutory matters:
(a)An unsuccessful application for an interlocutory injunction by Worldwide against QPAM Limited, the first respondent, and Jacobsen Venue Management New Zealand Limited, the second respondent, the judgment on which was delivered by Hugh Williams J on 30 May 2006 (“the 30 May judgment”);
(b)An unsuccessful application for stay of execution pending appeal, again brought by Worldwide, the judgment on which was delivered by Hugh Williams J on 26 May 2006 (“the 26 May judgment”);
(c)Two interlocutory appearances before Frater J.
[2] The real dispute before us relates to the orders for costs made in respect of the 26 May judgment and the 30 May judgment. The issue concerning the appearances before Frater J is trifling. We deal with that briefly at the end of these reasons.
[3] In essence, Hugh Williams J ordered Worldwide to pay the respondents costs in respect of the 26 May judgment and the 30 May judgment on a 2B basis X 3. Mr Fisher, for the appellants, contends that Hugh Williams J’s costs decision was unprincipled and plainly wrong. He also contends that the judge took into account irrelevant considerations in reaching that decision.
[4] We begin by setting out the relevant facts. We then set out the costs as fixed by the judge flowing from the 30 May judgment, the breakdown of those costs, the judge’s reasons for increased costs, and our analysis of those reasons. We then do the same exercise with respect to the costs order flowing from the 26 May judgment. Finally, and briefly,…
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- Case
- [2009] NZCA 226
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