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SHEIKH V MUGHAMES HC AK CIV 2006-404-005065 [2009] NZHC 399 (2 April 2009)

IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
                                                                    CIV 2006-404-005065



               BETWEEN                      AZAD A SHEIKH
                                            Appellant

            
  AND                          SAAD MAJID MUGHAMES
                                            Respondent


Hearing:       On the
Papers

Counsel:       M G Locke for Respondent

Judgment:      2 April 2009


                        JUDGMENT (No.2) OF COOPER
J
                               ON COSTS


                      This judgment was delivered by Justice Cooper on
             
               2 April 2009 at 3.00 p.m., pursuant to
                                r 11.5 of the High Court Rules

          
                     Registrar/Deputy Registrar
                                Date:




Solicitors:
S Singh, PO Box 10018, Auckland
Lovegroves, PO Box 25066, St Heliers, Auckland
Copy to:
M G Locke, PO Box 90915, Auckland Mail Centre 1422




SHEIKH V MUGHAMES
HC AK CIV 2006-404-005065 2 April 2009

[1]    In my judgment of 21 November 2008 I dismissed this appeal and said that
the respondent
was entitled to the costs. I indicated that if costs could not be agreed
I would receive memoranda from the parties.


[2]    I have
received a memorandum from counsel for the respondent.


[3]    In a minute of 7 September 2006, Winkelmann J directed that the appeal
be
in Category 2B for the purposes of costs.


[4]    Counsel for the respondent's memorandum seeks costs in the sum of $5,400
on
the basis that those are the costs properly payable in accordance with Category
2B.


[5]    No submissions have been filed for the
appellant despite more than ample
time (well in excess of the time limited by my judgment) having been afforded.


[6]    I therefore
direct that the appellant pay the respondent's costs in the sum of
$5,400.



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