ECOWIZE LIMITED V AFFCO NEW ZEALAND LIMITED HC HAM CIV-2007-419-1119 [2009] NZHC 455 (27 April 2009)

IN THE HIGH COURT OF NEW ZEALAND
HAMILTON REGISTRY
                                                                  CIV-2007-419-1119



               BETWEEN                    ECOWIZE LIMITED
                                          Plaintiff

              
AND                        AFFCO NEW ZEALAND LIMITED
                                          Defendant


Hearing:       Matter
determined on the papers

Judgment:      27 April 2009


                            JUDGMENT OF ASHER J




Solicitors:
T Braun,
Harkness Henry, Private Bag 3077, Hamilton ([e-mail] )
Solutions Law Office (G Malone), PO Box 3462, Richmond 7031,
Nelson
Copy:
RJ Hollyman, Barrister, Shortland Chambers, PO Box 4338, Shortland Street, Auckland 1140
([e-mail]
)




ECOWIZE LIMITED V AFFCO NEW ZEALAND LIMITED HC HAM CIV-2007-419-1119 27 April 2009

[1]    This matter has been set down for
a trial commencing on Tuesday,
2 June 2009. Counsel have informed me that the necessary time required is now
only one week.


[2]
   The plaintiff's counsel, Mr Hollyman, seeks an adjournment.              He is
appearing in a lengthy trial in the High Court
in Wellington. It was set down to
commence for 10 weeks on 2 March 2009. The start date was subsequently delayed
to 16 March 2009,
and the examination of witnesses has taken substantially longer
than anticipated. It is now expected that the trial will continue
until mid or late
June 2009.


[3]    The plaintiff opposes the adjournment and is ready to proceed. It claims a
substantial amount
of $1,700,000 as damages resulting from the defendant's alleged
repudiation. Clearly it seeks resolution as soon as possible.


[4]
   Although Mr Hollyman only appears as junior counsel in the High Court
case, I accept that he cannot extract himself from it. The
situation has arisen through
no fault on his part or that of the defendant, Affco New Zealand Limited.
Fortunately an alternative
fixture can be offered on Monday, 6 July 2009 for one
week, and the plaintiff's witnesses and counsel are available then.


[5] 
  If the adjournment was to be lengthy it is unlikely that the application would
have succeeded. However, given the fact that the
delay will only be for one month I
am prepared to adjourn the case.


[6]    Accordingly, these proceedings are adjourned to Monday,
6 July 2009 for a
five-day fixture.


[7]    The situation has arisen through no fault of the plaintiff, Ecowize Limited,
and although
its opposition has been unsuccessful I award it costs on this
adjournment application in the sum of $400.00. I do not make a costs
award on the
scale as in my experience scale costs would exceed actual costs.

........................
              Asher J