MacDonald v C1 Gloucester Street Limited [2012] NZHC 3461 (17 December 2012)

Last Updated: 21 December 2012

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV 2010-409-001531 [2012] NZHC 3461

BETWEEN RICHARD WILLIAM MACDONALD Plaintiff

AND C1 GLOUCESTER STREET LIMITED Defendant

Hearing: (On the papers)

Counsel: H C Matthews and M A Jones for the Plaintiff

R G Smedley for the Defendant

Judgment: 17 December 2012

_{[COSTS] JUDGMENT OF WYLIE J}

This judgment was delivered by Justice Wylie

On 17 December 2012 at 4.00 pm

Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:

Distribution:

HC Matthews: [e-mail]

MA Jones: [e-mail]

RG Smedley: [e-mail]

MACDONALD V C1 GLOUCESTER STREET LIMITED HC CHCH CIV 2010-409-001531 [17 December

2012]

[1] I refer to my reserved judgment on this matter dated 30 October 2012.

[2] In that judgment, I recorded that Mr MacDonald was entitled to his reasonable costs and disbursements, and indicated a preliminary view that costs should be fixed on a 2B basis. I invited the parties to try and agree costs and disbursements.

[3] I also invited the parties to try and reach agreement on the interest properly payable on the deposit while it was retained by the stakeholder.

[4] Counsel have reached agreement on all issues. I am grateful to them in this regard.

[5] Accordingly, I fix costs, interest and disbursements as follows:

(a) Costs payable by the first defendant to the plaintiff: $46,431.00;

(b) Disbursements payable by the first defendant to the plaintiff:

$10,808.44; and

(c) Interest earned on the deposit up to the date of judgment, payable to the plaintiff: $19,850.39.

Wylie J