SULLIVAN v WELLSFORD PROPERTIES LIMITED [2018] NZHC 806

SULLIVAN v WELLSFORD PROPERTIES LIMITED [2018] NZHC 806

The court exercised its discretion under the High Court Rules to refuse the plaintiffs' full stay proposal, accepted the defendants' proposal to retain $57,997.97 in trust and release $30,000, and awarded the defendants their reasonable costs and disbursements of the stay application in the sum of $4,793.00, finding the time and rates claimed appropriate and directing the Registrar to seal the costs order.

Citation
[2018] NZHC 806
Parties
First Plaintiff: PETER ANTHONY SULLIVAN; Second Plaintiff: PORT ALBERT INVESTMENTS LIMITED; First Defendant: WELLSFORD PROPERTIES LIMITED; Second Defendant: GARRY EDWARD HANNAM; Third Defendant (discontinued): SUMPTER BAUGHEN CHARTERED ACCOUNTANTS LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 April 2018
Procedural Posture
Civil (costs Application) / Post Judgment Application for Stay of Execution of Costs Award Pending Appeal; Costs Application
Outcome
Costs of the stay application awarded to the first and second defendants against the first and second plaintiffs; Registrar may seal order
Legal Topics
Stay of Execution, Security for Costs, Costs Assessment, Sealing of Costs Order
Civil Procedure Costs Appeal Procedure Stay of Execution Security for Costs Costs Assessment Sealing of Costs Order

Case Brief

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Parties

PETER ANTHONY SULLIVAN

First Plaintiff

PORT ALBERT INVESTMENTS LIMITED

Second Plaintiff

WELLSFORD PROPERTIES LIMITED

First Defendant

GARRY EDWARD HANNAM

Second Defendant

SUMPTER BAUGHEN CHARTERED ACCOUNTANTS LIMITED

Third Defendant (discontinued)

Procedural Posture

Civil (costs Application) / Post Judgment Application for Stay of Execution of Costs Award Pending Appeal; Costs Application

Legal Issues

  1. 1 Whether to stay execution of a costs award pending appeal
  2. 2 Whether the court should order that costs be held in solicitor's trust account
  3. 3 Appropriate quantum of costs for the stay application

Ratio Decidendi

The court exercised its discretion under the High Court Rules to refuse the plaintiffs' full stay proposal, accepted the defendants' proposal to retain $57,997.97 in trust and release $30,000, and awarded the defendants their reasonable costs and disbursements of the stay application in the sum of $4,793.00, finding the time and rates claimed appropriate and directing the Registrar to seal the costs order.

Court Disposition

Costs of the stay application awarded to the first and second defendants against the first and second plaintiffs; Registrar may seal order

Orders

  • Award costs and disbursements of $4,793.00 to the first and second defendants against the first and second plaintiffs
  • Registrar may seal a costs order in the sum of $4,793.00