DUNSTAN v CREDIT UNION SOUTH [2022] NZCA 215
Where a respondent entity's engagements have been transferred and the successor entity is properly registered under a new name, the successor is the proper recipient of a costs award; accordingly the appellant must pay Unity Credit Union costs for a standard appeal on a band A basis with usual disbursements.
Source-derived case information.
- Citation
- [2022] NZCA 215
- Parties
- Appellant: ANTHONY DUNSTAN; First Respondent: CREDIT UNION SOUTH; Second Respondents: JANICE FREDRIC, PETER MCKNIGHT, LOUISE EDWARDS, PETER BOOTH AND SHONA CUMMING
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 30 May 2022
- Procedural Posture
- Appeal / Costs Determination
- Outcome
- Costs awarded to Unity Credit Union; appellant ordered to pay standard appeal costs on a band A basis with usual disbursements.
- Legal Topics
- Costs on Appeal, Successor Entity, Name Change, Disbursements
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANTHONY DUNSTAN
Appellant
CREDIT UNION SOUTH
First Respondent
JANICE FREDRIC, PETER MCKNIGHT, LOUISE EDWARDS, PETER BOOTH AND SHONA CUMMING
Second Respondents
Procedural Posture
Appeal / Costs Determination
Legal Issues
- 1 Which entity is entitled to costs following transfer of engagements from CU South
- 2 Effect of corporate succession and formal name change on entitlement to costs
- 3 Appropriate quantum of costs for the dismissed appeal (band A with usual disbursements)
Ratio Decidendi
Where a respondent entity's engagements have been transferred and the successor entity is properly registered under a new name, the successor is the proper recipient of a costs award; accordingly the appellant must pay Unity Credit Union costs for a standard appeal on a band A basis with usual disbursements.
Court Disposition
Costs awarded to Unity Credit Union; appellant ordered to pay standard appeal costs on a band A basis with usual disbursements.
Orders
- Appellant must pay Unity Credit Union costs for a standard appeal on a band A basis with usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
DUNSTAN v CREDIT UNION SOUTH [2022] NZCA 215 [30 May 2022]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA317/2020[2022] NZCA 215BETWEEN ANTHONY DUNSTANAppellantAND CREDIT UNION SOUTHFirst RespondentJANICE FREDRIC, PETER MCKNIGHT,LOUISE EDWARDS, PETER BOOTHAND SHONA CUMMINGSecond RespondentsCourt: Clifford, Thomas and Muir JJCounsel: Appellant in personD G Hurd and E M Buckley for RespondentsJudgment:(On the papers)30 May 2022 at 11.30 amJUDGMENT OF THE COURTCostsThe appellant must pay Unity Credit Union costs for a standard appeal on aband A basis with usual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by Clifford J)[1] On 3 December 2021, this Court dismissed Mr Dunstan's appeal inCA317/2020.11 Dunstan v Credit Union South [2021] NZCA 656.[2] We reserved the issue of costs. We said:[61] In the normal course, CU South would be entitled to costs for astandard appeal on a band A basis with usual disbursements. However, asCU South no longer exists following the transfer of its engagements, weunderstand the entitlement to costs would be that of its successor entity, CreditUnion Baywide. The parties are invited to file further memoranda on who theappropriate party to award costs to is within 10 working days of this judgment.Costs are reserved in the meantime.[3] On 14 December 2021, counsel for the respondents filed a memorandumnoting this Court's understanding was correct: CU Baywide had become the successorentity to CU South. CU Baywide was therefore the party to whom costs shouldbe awarded. However, counsel noted one further element: CU Baywide had formallychanged its name to Unity Credit Union.2 Counsel submitted costs on the appealshould be awarded to Unity Credit Union accordingly. For completeness, counselnoted the second respondents consented to the making of that order.[4] Regrettably, that memorandum only came to our attention recently.No response from Mr Dunstan has been received.[5] We order that Mr Dunstan must pay Unity Credit Union costs for a standardappeal on a band A basis with usual disbursements.Solicitors:Gilbert Walker, Auckland for Respondents2 That name change was registered with the New Zealand Companies Office and approved by theRegistrar of Friendly Societies and Credit Unions. A copy of the certificate of incorporation forUnity Credit Union, confirming it is the entity which was previously CU Baywide, was attachedto counsel's memorandum.