Sax v Simpson [2016] NZCA 303 (4 July 2016)

Last Updated: 27 July 2016

IN THE COURT OF APPEAL OF NEW ZEALAND
CA638/2015 [2016] NZCA 303
BETWEEN	JANINE DAVINA SAX Appellant
AND	LUKE ANDREW SIMPSON First Respondent LUKE ANDREW SIMPSON AND JANINE DAVINA SAX AS TRUSTEES OF THE LUKE AND JANINE SIMPSON FAMILY TRUST Second Respondent

Counsel:	G V McArthur for Appellant E M Eggleston for First Respondent
Judgment: (On the papers)	4 July 2016 at 4 pm

JUDGMENT OF COOPER J ON COSTS

The appellant is ordered to pay the first respondent costs in the sum of $450.
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[1] This appeal, filed on 3 November 2015, was deemed abandoned under r 43 of the Court of Appeal (Civil) Rules 2005 on 26 February 2016. The first respondent seeks costs in the sum of $450.
[2] Counsel for the appellant does not challenge the quantum of the costs claimed, but submits that costs should not be settled at this point pending a decision of the Supreme Court on an application for leave to appeal a decision of Miller J. Miller J declined an application to review the Registrar’s decision on the appellant’s application for dispensation from the requirement to pay security for costs.
[3] I do not regard the outstanding application for leave to appeal in the Supreme Court as a basis for not fixing costs at this stage. Questions might arise as to whether any costs award should be stayed pending the outcome of the Supreme Court proceeding, if leave to appeal is granted. In the meantime, however, fixing costs will be in accordance with r 53A(g) of the Rules that so far as possible, the determination of costs should be expeditious.
[4] The appellant is ordered to pay the first respondent costs in the sum of $450.

Solicitors:
Holland Beckett, Tauranga for First Respondent