UNITED HOMES (1998) LIMITED, UNITED HOMES & ANOR v M L WORKMAN & ORS [2001] NZCA 216 (2 July 2001)

IN THE court of appeal of new zealand

ca68/01 CA69/01 CA70/01

	between	united homes (1998) limited, united homes (1994) limited,
		Appellants

	AND	M L WORKMAN
		Respondent

	between	TUSCANY TOWERS LIMITED
		Appellant

	AND	a j WORKMAN & others
		Respondents

	between	HERITAGE COURT DEVELOPMENTS LIMITED
		Appellant

	AND	a j workman & others
		Respondents

Coram:	McGrath J Ellis J McGechan J
Judgment:	2 July 2001

judgment (no. 2) of THE COURT

[1] This Court's judgment of 25 May 2001 omitted to deal with costs previously awarded in the High Court on the Master's judgment dated 15 March 2001 and Nicholson J's judgment dated 6 April 2001.

[2] Submissions for Appellants dated 31 May 2001 and for Respondents dated 5 June 2001 have been considered.

[3] The order for costs made by the Master on a decision substantially reversed must be reconsidered.Nicholson J envisaged costs on the application before him being determined in this Court.That is not necessary.Those costs, which were reserved in the High Court, should be determined in that Court.

[4] This Court's judgment of 25 May 2001 is recalled and reissued as a judgment of this Court with the following additional order as para [49](3),

"[49] (3) Costs awarded by the Master in the High Court are set aside, with costs in the High Court remitted back to that Court for further determination. Costs reserved in the High Court by Nicholson J are to be determined in that Court."

Solicitors:

Webb Ross Johnson, Whangarei, for Appellants

Thomson Wilson, Whangarei, for Respondents