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Savvy Vineyards 4334 Limited v Weta Estate Limited [2018] NZHC 457 (19 March 2018)

Last Updated: 22 March 2018


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2016-404-2735
[2018] NZHC 457
BETWEEN
SAVVY VINEYARDS 4334 LIMITED
First Plaintiff
SAVVY VINEYARDS 3552 LIMITED
Second Plaintiff
AND
WETA ESTATE LIMITED
First Defendant
TIROSH ESTATE LIMITED
Second Defendant
Hearing:
On the papers
Counsel:
D P H Jones QC and C L Bryant for Plaintiffs R E Harrison QC for Defendants
Judgment:
19 March 2018


COSTS JUDGMENT OF WHATA J


This judgment was delivered by me on 19 March 2018 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules.


Registrar/Deputy Registrar Date: ...............................

Solicitors: Hesketh Henry, Auckland

Boyle Mathieson, Auckland










SAVVY VINEYARDS 4334 LIMITED v WETA ESTATE LIMITED [2018] NZHC 457 [19 March 2018]



[1] By judgment dated 12 February 2018, I declined the defendants’ application for discovery. I now have costs memorandum of counsel for the plaintiffs, dated 15 February 2018, and the memorandum in reply from the defendants, dated 20 February 2018.

[2] The plaintiffs seek costs on a 2B basis. The defendants accept this, but take issue with two items:

(a) Step 28, obtaining judgment without appearance; and

(b) Step 36, filing memorandum for costs.

[3] I agree with the defendants that these two items should be excluded from an award of costs. Step 28 was not taken in this proceeding. I am not minded to award costs on an application for costs. There is no complexity to the costs application. The plaintiffs are otherwise entitled to costs on a 2B basis.

[4] I make an award of costs in favour of the plaintiff in the sum of $5,958.00.


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