AVONDALE PASTORAL LTD PARTNERSHIP v SAUNDERS DAIRY HOLDINGS LTD [2022] NZHC 1497
Respondent was entitled to costs on a 2B basis as previously awarded and the appellant did not dispute the respondent's calculation, therefore the appellant must pay $9,560 in costs.
Source-derived case information.
- Citation
- [2022] NZHC 1497
- Parties
- Appellant: Avondale Pastoral Limited Partnership; Respondent: Saunders Dairy Holdings Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 27 June 2022
- Procedural Posture
- Appeal / Costs Assessment/post Judgment
- Outcome
- Order for appellant to pay costs to respondent.
- Legal Topics
- Costs Assessment, Scale 2 B
Source-derived case record
Summary, issues, holding and outcome
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Parties
Avondale Pastoral Limited Partnership
Appellant
Saunders Dairy Holdings Limited
Respondent
Procedural Posture
Appeal / Costs Assessment/post Judgment
Legal Issues
- 1 Entitlement to costs and quantum following prior judgment
Ratio Decidendi
Respondent was entitled to costs on a 2B basis as previously awarded and the appellant did not dispute the respondent's calculation, therefore the appellant must pay $9,560 in costs.
Court Disposition
Order for appellant to pay costs to respondent.
Orders
- Appellant to pay respondent costs in the sum of $9,560.
- Costs awarded on a 2B basis.
Full Case Text
Judgment text and source record
1 paragraphs
AVONDALE PASTORAL LTD PARTNERSHIP v SAUNDERS DAIRY HOLDINGS LTD [2022] NZHC 1497[27 June 2022]IN THE HIGH COURT OF NEW ZEALANDINVERCARGILL REGISTRYI TE KŌTI MATUA O AOTEAROAWAIHŌPAI ROHECIV-2021-425-000047[2022] NZHC 1497BETWEEN AVONDALE PASTORAL LIMITEDPARTNERSHIPAppellantAND SAUNDERS DAIRY HOLDINGSLIMITEDRespondentHearing: On the papersCounsel: A D G Hitchcock for the AppellantA S P Tobeck for the RespondentJudgment: 27 June 2022JUDGMENT OF NATION JAS TO COSTS[1] In my judgment of 9 May 2022, I awarded costs to the respondent on a 2Bbasis. The respondent has filed a memorandum indicating that, on that basis, therespondent is entitled to costs in the total sum of $9,560. Counsel for the appellanthas filed a memorandum stating that he has no issue with that calculation.[2] I accordingly make an order for the appellant to pay costs to the respondent inthe sum of $9,560.Solicitors:AWS Legal, InvercargillASP Tobeck, Barrister, Southland.