Zadeh v Jeihani

[2020] NZHC 1772

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-952

[2020] NZHC 1772

UNDER

High Court Rules 2016

IN THE MATTER

of 188 Kitchener Road, Milford, Auckland

BETWEEN

YASHAR ADBODLLAH ZADEH

Applicant

AND

HAMID REZA JEIHANI

Respondent

Hearing:	On the papers
Counsel:	N Tetzlaff for the Applicant A Faiei for the Respondent
Judgment:	22 July 2020

COSTS JUDGMENT OF MUIR J

This judgment was delivered by me on Wednesday 22 July 2020 at 2.30 pm Pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date:…………………………

Solicitors:

Smith and Partners, Henderson Doug Cowan, Titirangi

ZADEH v JEIHANI COSTS [2020] NZHC 1772 [22 July 2020]

Introduction

[1]                 On 3 July 2020 I dismissed the application by Mr Zadeh for interim injunction. I reserved costs for submission in the event they were unable to be resolved by the parties. I gave a provisional indication that I regarded a 2B award as appropriate with a 0.5 allocation for the hearing.

[2]                 I have now received a submission by the respondents. Mr Rafiei advises that in two respects only have the parties been unable to agree. Since I intend to resolve both in favour of the applicant it is unnecessary that I seek the applicant’s submissions.

Allowance for teleconferences

[3]                 The proceeding was filed on a Pickwick basis. At the point the file was referred to me I minuted counsel for the applicant advising that I would schedule a teleconference for 3 pm on 29 June 2020. I requested that counsel advise the respondent’s solicitors accordingly.

[4]                 When the conference was convened I explained to counsel the range of available options for disposition of the application as appearing in para [2] of my Minute No 2. It was agreed the conference be reconvened at 5 pm that day, by which time counsel expected to have obtained further instructions with a view to advising their preferred way forward.

[5]                 When the conference was reconvened I made directions for the purposes of an on notice hearing on Friday 2 July 2020.

[6]                 The respondent seeks an allowance for two conferences on 29 June 2020, the first with a time allocation of 0.2 under step 12 and a second of 0.3 under step 13. The total amount sought is $1,195.00.

[7]                 I do not regard that as appropriate. The second conference on 29 June was identified by me as “reconvened” from the earlier conference. I allow 0.2 of a day by analogy with step 12.

Duration of hearing

[8]                 In para 5 of his submission Mr Rafiei appears to suggest that a hearing allocation in excess of 0.5 of a day would be appropriate. He says:

The hearing started at 10.00 am and went to approximately 1 pm. Then the parties returned at 2.15 for the decision that took another 30 – 45 minutes and because of this counsel submits that the additional time for the hearing decision and the application being disposed should be awarded to the respondent.

[9]                 Somewhat inconsistently, however, the schedule of costs and disbursements annexed to his submission claims 0.5 of a day only for appearance at the hearing (sealing a judgment or order is a separate step under which a discrete allowance is made).

[10]             In any event, Mr Rafiei’s submission is not accurate in suggesting that the hearing ran until “approximately 1 pm”. Submissions concluded at 11:51:43 at which point I adjourned with an indication that I would deliver an oral judgment at 2.15 pm. In the event, commencement of that oral judgment was slightly delayed until 2.23:40.

[11]I adhere to my provisional view that a half day allowance is appropriate.

Result

[12]             I award costs and disbursements in the amount of $10,915.00 calculated in accordance with the Schedule annexed hereto.

Muir J

COSTS AND DISBURSMENTS

Scale 2B Costs @ $2,390.00 per day

Step	Description	Time Allocation	Amount
23	Filing     opposition     to     interlocutory application.	0.6	$ 1,434.00
12	Appearance at mentions hearing or callover – first teleconference in respect of interim injunction filed.	0.2	$     478.00
24	Preparation of written submissions.	1.5	$ 3,585.00
26	Appearance at hearing.	0.5	$ 1,195.00
29	Sealing order of judgment.	0.2	$     478.00
30	Preparation of affidavit.	1.5	$ 3,585.00
Total	$10,755.00

Disbursements under the High Court Fees Regulations 2013

Item	Description	Amount
14(b)	Filing a notice of opposition.	$110.00
51	Sealing order.	$ 50.00
Total	$160.00

Total costs and Disbursements

Item	Amount
Scale 2B costs.	$10,755.00
Disbursements.	$     160.00
Total	$10,915.00