Siemer v Heron [2012] NZHC 3611 (21 December 2012)

Last Updated: 11 January 2013

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2012-404-004128 [2012] NZHC 3611

BETWEEN VINCENT ROSS SIEMER Appellant

AND MICHAEL RICHARD HERON First Respondent

AND RUSSELL MCVEAGH Second Respondent

AND FORCE 1 SECURITY LIMITED Third Respondent

AND SIONE TAMAKI Fourth Respondent

AND PIO SAMI

Fifth Respondent

Hearing: (On the papers) Counsel: Appellant in Person

T Clarke and P Wicks for the Respondents

No Appearance for the Third, Fourth and Fifth Respondents

Judgment: 21 December 2012

_{[COSTS] JUDGMENT OF WYLIE J}

This judgment was delivered by Justice Wylie on 21 December 2012 at 2.30 pm

Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

_Date:

SIEMER V HERON & ORS HC AK CIV 2012-404-004128 [21 December 2012]

[1] I refer to my reserved judgment issued on 24 October 2012. In that judgment, I recorded that the respondents are entitled to costs, and advised that any application for costs should be lodged within 10 working days of the date of my judgment.

[2] The respondents applied for costs by memorandum dated 7 November 2012. They sought costs in the sum of $4,676.50. Those costs were calculated on a

2B basis, and by reference to various steps identified in the High Court Rules.

[3] Mr Siemer responded by memorandum dated 12 November 2012. Notwithstanding the fact that he was the unsuccessful party, and my clear direction noted above, he applied for costs in his favour, or alternatively, for an order that costs should lie where they fall.

[4] There is no merit in Mr Siemer’s assertions. He was the unsuccessful party. His arguments were unmeritorious and misconceived. Indeed, the steps being taken by him were designed to avoid earlier directions made by the Court.

[5] Mr Siemer did not respond to the costs claimed by the respondents. I have considered the file. Each of the steps claimed by the respondents was taken, and I am satisfied that the costs they have applied for are appropriate.

[6] Accordingly, I award costs in favour of the respondents, against the appellant, of $4,676.50.

Wylie J

Distribution:

V R Siemer, 27 Clansman Terrace, Gulf Harbour

T Clarke: [e-mail]