Hall v Beaumont [2012] NZHC 2405 (17 September 2012)

Last Updated: 23 October 2012

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2012-409-001649 [2012] NZHC 2405

BETWEEN CLIFF HALL AND CLIFF HALL, HEATHER HALL AND JAMES MACQUEEN AS TRUSTEES OF THE HALL FAMILY TRUST

AND JAMES GREEN AND JAMES GREEN, MAUREEN GREEN AND JAMES MCQUEEN AS TRUSTEES OF THE GREEN FAMILY TRUST

AND STEVE TASKER AND JULIE TASKER IN THEIR PERSONAL CAPACITIES AS TRUSTEES OF THE JUSTSOME TRUST

AND MAX CHAMBERS AND MAX CHAMBERS AND SHANNNON CHAMBERS AS TRUSTEES OF THE ML AND SK FAMILY TRUST

Applicants

AND GARRY BEAUMONT First Respondent

AND KAREN BEAUMONT Second Respondent

AND GARY BEAUMONT AND KAREN BEAUMONT AS TRUSTEES OF THE GARRY BEAUMONT FAMILY TRUST Third Respondents

Hearing: Dealt with on the papers

Judgment: 17 September 2012

_{JUDGMENT OF FOGARTY J AS TO COSTS}

[1] This is an action in restraint of trade. Proceedings were filed and an interim

_{injunction was sought. It was considered in a preliminary way by Whata J in a}

HALL V BEAUMONT HC CHCH CIV-2012-409-001649 [17 September 2012]

hearing on 8 August. The parties thereafter settled as was, to a degree, anticipated by the Judge.

[2] The dispute between parties is whether or not there ought to be an order for costs. The defendant says the proceedings were unnecessary. I have read the written submissions by both parties. I am satisfied the proceedings were necessary. Therefore there is no doubt that steps were required down to and including 8 August. These steps 1, 11, 12 and 22 were required. This adds to 4.2 days.

[3] Thereafter I do not think it is possible to find either party in the right or the wrong, pending final settlement. So from after 8 August each side will effectively bear their own costs for the negotiations leading to the agreed position reflected in the sealed order.

[4] Accordingly I award costs in the sum of $8358 together with the disbursements of $2102.50, a total of $10,460.00.

Solicitors:

Jenni-Maree Trotman, Auckland, [e-mail]

Mortlock McCormack Law, [e-mail]