McLean v Marshall [2016] NZHC 1770 (1 August 2016)

High Court of New Zealand

[Index] [Search] [Download] [Help]

---

McLean v Marshall [2016] NZHC 1770 (1 August 2016)

Last Updated: 31 August 2016

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CIV-2013-412-000188 [2016] NZHC 1770

BETWEEN	DOUGLAS WAYNE FRASER MCLEAN First Plaintiff
AND	ROBERT RITCHIE MARSHALL Defendant

Hearing:	On the papers
Counsel:	L A Andersen for the Plaintiff Defendant self-represented
Judgment:	1 August 2016

_{JUDGMENT OF NATION J}

[1] On 14 June 2016, I gave judgment for the plaintiff in these proceedings on an issue as to quantum.¹ At para [46] of that judgment I expressed a tentative view that costs should be awarded just for the proceedings after the claim had been remitted back to the High Court from the Court of Appeal. The plaintiff has accepted that costs should be awarded on that basis.

[2] In absence of agreement, I directed that counsel for the plaintiff was to file a memorandum within 21 days. The defendant was to file his response within 14 days. He has not filed any such response.

[3] On a 2B basis, as is appropriate, the plaintiff would be entitled to costs in accordance with the schedule of $21,854. The plaintiff is not however entitled to costs for more than those that have actually been incurred. On that basis, the

_{plaintiff limits his claim to $14,446 and disbursements totalling $1,702.44.}

¹ _{McLean v Marshall [2016] NZHC 1276.}

MCLEAN v MARSHALL [2016] NZHC 1770 [1 August 2016]

[4] I am satisfied that the plaintiff is entitled to costs on that basis. I accordingly give judgment for the plaintiff for costs in the sum of $14,446 together with disbursements of $1,702.44.

Solicitors:

Bramwell Grossman, Solicitors, Hastings

L A Andersen, Barrister, Dunedin

Copy to Defendant.