BANORA v AUCKLAND COUNCIL [2022] NZHC 3200
Because the applicants failed to challenge the respondent's cost memorandum after being given the opportunity and the court, having examined the amounts, was satisfied they were appropriately claimed, judgment was entered for the respondent for the claimed costs and disbursements.
Source-derived case information.
- Citation
- [2022] NZHC 3200
- Parties
- Applicant: Alexander Banora; Applicant: Emanuella Banora; Respondent: Auckland Council
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 1 December 2022
- Procedural Posture
- Application for Special Leave to Appeal / Costs Assessment and Judgment on Costs (2 B Basis)
- Outcome
- Judgment for respondent granting costs and disbursements as claimed
- Legal Topics
- High Court Rules, Rule 20.4, Costs on a 2 B Basis, Disbursements
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Banora
Applicant
Emanuella Banora
Applicant
Auckland Council
Respondent
Procedural Posture
Application for Special Leave to Appeal / Costs Assessment and Judgment on Costs (2 B Basis)
Legal Issues
- 1 Whether the respondent's claimed costs and disbursements were appropriately claimed and should be entered as judgment
- 2 Whether judgment should be entered against the applicants for costs due to failure to challenge the memorandum
Ratio Decidendi
Because the applicants failed to challenge the respondent's cost memorandum after being given the opportunity and the court, having examined the amounts, was satisfied they were appropriately claimed, judgment was entered for the respondent for the claimed costs and disbursements.
Court Disposition
Judgment for respondent granting costs and disbursements as claimed
Orders
- Mr and Mrs Banora are to pay Auckland Council costs in the sum of $8,604 plus disbursements of $110, a total of $8,714
Full Case Text
Judgment text and source record
1 paragraphs
BANORA v AUCKLAND COUNCIL [2022] NZHC 3200 [1 December 2022]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2022-404-418[2022] NZHC 3200UNDER Rule 20.4 of the High Court Rules 2016BETWEEN ALEXANDER BANORA andEMANUELLA BANORAApplicantsAND AUCKLAND COUNCILRespondentHearing: On the Papers at AucklandJudgment: 1 December 2022JUDGMENT OF POWELL J[Costs]This judgment was delivered by me on 1 December 2022 at 11.30 am.Pursuant to R 11.5 of the High Court Rules...Registrar/Deputy RegistrarSolicitors:DLA Piper, Auckland[1] On 18 October 2022 I dismissed an application for special leave to appeal aDistrict Court judgment, two associated costs judgments, and a costs minute.1 At theend of my judgment I ordered the respondent, Auckland Council, costs on a 2B basis.The Council was directed to file and serve a memorandum setting out the details ofany costs claimed whereupon the unsuccessful applicants, Mr and Mrs Banora, weregiven the opportunity to "challenge any of the particular items claimed". Specifically,they were directed to file and serve their own memorandum within a further10 working days of the date of service of the Council's memorandum.2[2] The Council has filed its memorandum as directed and has sought costs of$8,604 together with disbursements of $110, a total of $8,714.[3] Despite further follow up by the Registry, Mr and Mrs Banora have taken nosteps to challenge the costs sought by the Council.[4] In the circumstances and having checked the amounts sought by the Council,I am satisfied that they are appropriately claimed, and judgment is therefore givenagainst Mr and Mrs Banora for the amounts sought.Decision[5] Mr and Mrs Banora are to pay Auckland Council costs in the sum of $8,604plus disbursements of $110, a total of $8,714._______________________________Powell J1 Banora v Auckland Council [2022] NZHC 2691.2 At [28].