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Davies v Harris HC Masterton CIV 2010-435-57 [2011] NZHC 494 (18 May 2011)

Last Updated: 18 June 2011


IN THE HIGH COURT OF NEW ZEALAND MASTERTON REGISTRY

CIV 2010-435-57

BETWEEN DOUGLAS WARREN DAVIES Appellant

AND LEE ANTHONY HARRIS Respondent

Hearing: On Papers

Counsel: P V Paino for Appellant

J K W Blathwayt and J Elliott for Respondent

Judgment: 18 May 2011

COSTS JUDGMENT OF RONALD YOUNG J

[1] This appeal from the District Court involved a disputed collision between vehicles in Masterton. I dismissed the appeal. The damages involved were the sum of less than $2,000 physical damage, in addition exemplary damages were rewarded of $500 and $1,500 respectively. The respondent, therefore, sought costs. He

claimed $6,624 including disbursements on a 2B basis.

DOUGLAS WARREN DAVIES V LEE ANTHONY HARRIS HC MAS CIV 2010-435-57 18 May 2011

[2] The appellant says that this is a category one case costs and that nothing beyond $800 could be justified being the amount of security for costs.

[3] I agree that this is a category one case able to be conducted by counsel considered junior in the High Court. The time allocation should be in accordance with para [12] of Schedule 3 of the High Court Rules. The respondent should prepare a memorandum for approval by the Registrar accordingly. As to

disbursements, I approve photocopying costs and travel costs of $100.80.


Ronald Young J

Solicitors:

P V Paino, Paino & Robinson, PO Box 40 955, Upper Hutt, email: paul@paino-robinson.co.nz

J K W Blathwayt, WCM Legal, PO Box 49, Carterton, email: margaret.w@wcmlegal.co.nz


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