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ARCHIBALD HAMISH MORRISON ALLISON AND PAUL ARIE VAN DORSTEN v UATAR MANAGEMENT SERVICES LIMITED & ORS [2000] NZCA 130 (18 July 2000)

IN THE COURT OF APPEAL OF NEW ZEALAND

ca 146/98

between

ARCHIBALD HAMISH MORRISON ALLISON AND PAUL ARIE VAN DORSTEN

First Appellants

AND

UATAR MANAGEMENT SERVICES LIMITED

Second Appellant

and

KPMG PEAT MARWICK

First Respondent

AND

HOLMAN CONSTRUCTION LIMITED

Second Respondent

Coram:

Thomas J

Keith J

Tipping J

Appearances:

B P Keene and P G Brown for First and Second Appellants

H C Keyte QC and K W Berman for First Respondent

R H Hansen QC and B T P Cullen for Second Respondent

Judgment:

18 July 2000

judgment of thE COURT as to costs delivered by tipping J

[1] The second respondent has applied for costs against the appellants.In our principal judgment we indicated that we were inclined to leave costs lying where they fell.

[2] But having considered the submissions on both sides, we have reached the view that the second respondent should have an award of costs against the appellants.We fix the amount at $5000 plus disbursements including the reasonable travel and accommodation expenses of both counsel, to be fixed if necessary by the Registrar.Order accordingly.

Solicitors

Morrison Kent, Auckland for First and Second Appellants

Kensington Swan, Auckland for First Respondent

McCaw Lewis, Hamilton for Second Respondent


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