McLachlan v R [2014] NZHC 462 (19 September 2014)

Last Updated: 9 October 2014

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-00786 [2014] NZHC 462

UNDER	The Insolvency Act 2006
BETWEEN	SIMON CHARLES DENCH Judgment Creditor
AND	LINDA SUSAN GATES Judgment Debtor

Hearing:	20 December 2013 (on papers costs submission)
Appearances:	Mr D McGill for judgment creditor Mrs L S Gates judgment debtor
Judgment:	13 March 2014

COSTS JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE

This judgment was delivered by me on

13.03.14 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date...............

DENCH v GATES [2014] NZHC 462 [13 March 2014]

[1] I have memoranda from the judgment creditor’s counsel (17 December 2013 and 11 February 2014) and from Mrs Gates (26 February 2013). In my view the judgment creditor has been the successful party in this litigation and the judgment debtor the unsuccessful party. In accordance with r 14.2 HCR the judgment debtor ought to be the party who pays the costs.

[2] Mrs Gates has referred in her memorandum to a number of instances of what she describes as unfairness that she has been subjected to throughout the proceedings. Her intention is that such matters should be taken into account on the fixing of costs. The only issue that has any direct relevance is that at paragraph 3 where she refers to the circumstances of the process server serving her with the documents after she had requested that they be forwarded to the postal address. However, no disbursement is claimed for the service of the bankruptcy notice in the present round of the proceedings in relation to which I am to fix costs and disbursements. I therefore ignore that issue.

[3] I consider that category 2B costs as sought by the judgment creditor are appropriate and there will be an order for costs based upon that category of $7,562 as specified in the memorandum of Mr McGill dated 11 February 2014. As well the judgment debtor is to pay disbursements of $1,140 as particularised in the same memorandum.

J.P. Doogue

Associate Judge