GOODMAN-JONES v HUGHEY [2023] NZHC 604

GOODMAN-JONES v HUGHEY [2023] NZHC 604

Because the parties agreed the appropriate costs orders and the Court identified the amount for which the first defendant was liable ($32,631.36), the Court entered judgment for each defendant/third party against the plaintiffs for the agreed sums and reserved leave for the third party to seek substitution judgment against the defendants for the third party's sum.

Citation
[2023] NZHC 604
Parties
Plaintiffs: Phillippa Anne Goodman-Jones and Gareth Goodman-Jones as Trustees of the Bayview Trust; First Defendant: David John Hughey; Second Defendant: Building Choices Limited; Third Party: Christchurch City Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 March 2023
Procedural Posture
Civil (high Court) / Judgment on Costs
Outcome
Agreed costs judgments entered in favour of defendants and third party against the plaintiffs; leave reserved to third party to seek substitution judgment against the defendants
Legal Topics
Costs Orders, Disbursements, Judgment Enforcement, Third Party Substitution
Civil Litigation Costs Costs Orders Disbursements Judgment Enforcement Third Party Substitution

Case Brief

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Parties

Phillippa Anne Goodman-Jones and Gareth Goodman-Jones as Trustees of the Bayview Trust

Plaintiffs

David John Hughey

First Defendant

Building Choices Limited

Second Defendant

Christchurch City Council

Third Party

Procedural Posture

Civil (high Court) / Judgment on Costs

Legal Issues

  1. 1 Quantification and allocation of costs between parties following judgment
  2. 2 Implementation of parties' agreed costs orders
  3. 3 Leave for third party to seek substitution judgment against defendants

Ratio Decidendi

Because the parties agreed the appropriate costs orders and the Court identified the amount for which the first defendant was liable ($32,631.36), the Court entered judgment for each defendant/third party against the plaintiffs for the agreed sums and reserved leave for the third party to seek substitution judgment against the defendants for the third party's sum.

Court Disposition

Agreed costs judgments entered in favour of defendants and third party against the plaintiffs; leave reserved to third party to seek substitution judgment against the defendants

Orders

  • Judgment for the first defendant against the plaintiffs in the sum of $271,938.69 (being the first defendant's costs and disbursements of $304,570.05 less the remedial costs of $32,631.36)
  • Judgment for the second defendant against the plaintiffs for the second defendant's costs and disbursements in the sum of $92,285.90