Trans Otway Limited v Shepherd & Anor [2005] NZCA 195 (3 August 2005)

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Trans Otway Limited v Shepherd & Anor [2005] NZCA 195 (3 August 2005)

Last Updated: 2 September 2005

IN THE COURT OF APPEAL OF NEW ZEALAND

CA98/04

BETWEEN TRANS OTWAY LIMITED
Appellant

AND IAN BRUCE SHEPHARD AND CHRISTINE MARGARET DUNPHY
Respondents

Hearing: 12 April 2005

Court: Anderson P, William Young and Chambers JJ

Counsel: D M Law for Appellant
H L Thompson for Respondents

Judgment: 3 August 2005

JUDGMENT OF THE COURT

A This court’s judgment dated 13 June 2005 is recalled.

B All orders made on 13 June 2005 are confirmed, save for order C. In place of order C, the following is substituted: "The appellant must pay costs to the respondents in the sum of $3,000, plus usual disbursements. "

REASONS

[1]	The parties have agreed that costs should be $3,000, not $6,000. We recall and amend accordingly. The reasons for judgment given on 13 June 2005 are confirmed, save that [52], on the topic of costs, is deleted. The reasons should read as if the following were substituted for [52]:

There are no exceptional circumstances concerning this appeal. Costs should follow the event, in the normal sum for a half day appeal.

Solicitors:
Wood Ruck Manukau, Manukau, for Appellant
McMahon Butterworth, Auckland, for Respondents