SILICH & ORS v WHITE & ORS [2019] NZHC 729
The plaintiffs, having succeeded, are entitled to costs; the appropriate classification for the proceedings is category 2 and the appropriate band is B, resulting in an award of costs of $12,277.00; the claimed disbursements of $1,550.00 for filing fees are recoverable and are awarded.
Source-derived case information.
- Citation
- [2019] NZHC 729
- Parties
- First Plaintiff: PAUL SILICH, LARRY CROW, CONRADO O'CARROLL AND PATRICIA O'CARROLL as four of the current trustees of the Te Runanga o Ngati Trust; Second Plaintiff: NGATI TAMA CUSTODIAN TRUSTEE LIMITED; Third Plaintiff: HOMESOFT GROUP PTY LIMITED; Fourth Plaintiff: SITU SYSTEMS PTY LIMITED; First Defendant: LISA WHITE; Second Defendant: TAHUATA WHITE; Third Defendant: ADRIAN WHITE; Fourth Defendant: ALLEN WHITE; Fifth Defendant: DENISE TINNEY
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 8 April 2019
- Procedural Posture
- Civil (high Court) / Costs Determination Following Judgment
- Outcome
- Plaintiffs awarded costs and disbursements against the fourth defendant Allen White.
- Legal Topics
- Costs Awards, Disbursements, Costs Categorisation, Formal Proof
Source-derived case record
Summary, issues, holding and outcome
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Parties
PAUL SILICH, LARRY CROW, CONRADO O'CARROLL AND PATRICIA O'CARROLL as four of the current trustees of the Te Runanga o Ngati Trust
First Plaintiff
NGATI TAMA CUSTODIAN TRUSTEE LIMITED
Second Plaintiff
HOMESOFT GROUP PTY LIMITED
Third Plaintiff
SITU SYSTEMS PTY LIMITED
Fourth Plaintiff
LISA WHITE
First Defendant
TAHUATA WHITE
Second Defendant
ADRIAN WHITE
Third Defendant
ALLEN WHITE
Fourth Defendant
DENISE TINNEY
Fifth Defendant
Procedural Posture
Civil (high Court) / Costs Determination Following Judgment
Legal Issues
- 1 Whether the plaintiffs are entitled to costs against the fourth defendant
- 2 Appropriate costs category and band to apply
- 3 Quantum of costs to be awarded
Ratio Decidendi
The plaintiffs, having succeeded, are entitled to costs; the appropriate classification for the proceedings is category 2 and the appropriate band is B, resulting in an award of costs of $12,277.00; the claimed disbursements of $1,550.00 for filing fees are recoverable and are awarded.
Court Disposition
Plaintiffs awarded costs and disbursements against the fourth defendant Allen White.
Orders
- Costs awarded to the plaintiffs in the sum of $12,277.00 against the fourth defendant Allen White
- Disbursements awarded to the plaintiffs in the sum of $1,550.00
Full Case Text
Judgment text and source record
1 paragraphs
SILICH & ORS v WHITE & ORS [2019] NZHC 729 [8 April 2019]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV 2017-443-17[2019] NZHC 729BETWEEN PAUL SILICH, LARRY CROW, CONRADO'CARROLL AND PATRICIAO'CARROLL as four of the current trusteesof the Te Runanga o Ngati TrustFirst PlaintiffAND NGATI TAMA CUSTODIAN TRUSTEELIMITEDSecond PlaintiffHOMESOFT GROUP PTY LIMITEDThird PlaintiffSITU SYSTEMS PTY LIMITEDFourth PlaintiffLISA WHITEFirst DefendantTAHUATA WHITESecond DefendantADRIAN WHITEThird DefendantALLEN WHITEFourth DefendantDENISE TINNEYFifth DefendantHearing: On the papersJudgment: 8 April 2019COSTS JUDGMENT OF DUFFY JThis judgment was delivered by me on 8 April 2019 at 3.00 pm pursuant toRule 11.5 of the High Court Rules.Registrar/ Deputy RegistrarSolicitors:Anthony Harper, Auckland[1] The plaintiffs proceeded against the fourth defendant in this proceeding by wayof formal proof. The plaintiffs were successful and obtained judgment against thefourth defendant. The plaintiffs now seeks costs against the fourth defendant.[2] The general principle is that costs follow the event. Here, the plaintiffs havebeen successful and seek costs at category 2B for the steps they have taken in theproceeding. I am satisfied that the appropriate category for this proceeding is category2 and that the appropriate band for the steps the plaintiff has taken in the proceedingis band B. The plaintiffs quantify the category 2B costs as $12,277.00. I accept theircalculation.[3] The plaintiffs also seeks disbursements of $1,350 for filing its initiatingdocument and $200 for filing the without notice interlocutory application, suchdisbursements coming to a total of $1,550. I am satisfied the plaintiffs are entitled tothe disbursements they seek.Result[4] The plaintiffs are awarded costs in the sum of $12,277.00 and disbursementsin the sum of $1,550.Duffy J