BANK OF NEW ZEALAND v PURDON [2019] NZHC 1148 .
Because the parties conferred as directed and Ms Purdon agreed with the plaintiff's claimed solicitor-client costs and disbursements, the court gave effect to that agreement and ordered the defendants to pay the agreed amounts; costs recoverable under the home loan facility are enforceable where agreement or court...
Source-derived case information.
- Citation
- [2019] NZHC 1148
- Parties
- Plaintiff: Bank of New Zealand; First Defendant: Sally Ann Purdon and Andrew Colin Peacock (as trustees of the S and S A Purdon Family Trust); Second Defendant: Sally Ann Purdon
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 23 May 2019
- Procedural Posture
- Application for Summary Judgment and Vacant Possession Under the Property Law Act 2007 / Costs Determination Following Summary Judgment
- Outcome
- Order for payment of costs and disbursements to the plaintiff
- Legal Topics
- Solicitor Client Costs, Vacant Possession, Summary Judgment, Trusteeship, Enforcement of Home Loan Facility
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bank of New Zealand
Plaintiff
Sally Ann Purdon and Andrew Colin Peacock (as trustees of the S and S A Purdon Family Trust)
First Defendant
Sally Ann Purdon
Second Defendant
Procedural Posture
Application for Summary Judgment and Vacant Possession Under the Property Law Act 2007 / Costs Determination Following Summary Judgment
Legal Issues
- 1 Whether the plaintiff's solicitor-client costs and disbursements were reasonable and recoverable under the home loan facility
- 2 Whether the parties had reached agreement on the quantum of costs and the court should give effect to that agreement
- 3 Whether communications regarding costs in relation to the family trust should be conducted with Ms Purdon alone as directed
Ratio Decidendi
Because the parties conferred as directed and Ms Purdon agreed with the plaintiff's claimed solicitor-client costs and disbursements, the court gave effect to that agreement and ordered the defendants to pay the agreed amounts; costs recoverable under the home loan facility are enforceable where agreement or court determination supports them.
Court Disposition
Order for payment of costs and disbursements to the plaintiff
Orders
- First and second defendants to pay to the plaintiff costs in this proceeding of $17,408.00
- First and second defendants to pay to the plaintiff disbursements of $1,557.39
Full Case Text
Judgment text and source record
1 paragraphs
BANK OF NEW ZEALAND v PURDON [2019] NZHC 1148 [23 May 2019].IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2019-409-160[2019] NZHC 1148UNDER the Property Law Act 2007IN THE MATTER Of an application for summary judgment andvacant possessionBETWEEN BANK OF NEW ZEALANDPlaintiffAND SALLY ANN PURDON and ANDREWCOLIN PEACOCK as trustees of the S Rand S A Purdon Family TrustFirst DefendantsAND SALLY ANN PURDONSecond DefendantHearing: (Determined on the Papers)Counsel: C F Olds for PlaintiffL A Merrick for A C PeacockS A Purdon (as First and Second Defendant in her personalcapacity)Judgment: 23 May 2019JUDGMENT OF ASSOCIATE JUDGE LESTER(Costs)[1] The background to the plaintiff's claim in this proceeding is set out in theJudgment of Osborne J dated 14 May 2019.11 Bank of New Zealand v Purdon [2019] NZHC 1056.[2] His Honour at [14](c) of that judgment set out how the issue of the plaintiff'sreasonable solicitor-client costs and disbursements were to be dealt with, such costspayable under the provisions of the home loan facility between the parties.[3] In summary, the parties were to see if agreement could be reached on the costsand disbursements figure, failing which the Court would set costs after consideringmemoranda.[4] His Honour's judgment records at [15] that Ms Purdon requested that inrelation to her family trust (the first defendant) that all discussions in relation to thereasonableness of solicitor-client costs be with her alone. That request was sanctionedwith His Honour making a direction accordingly.[5] Counsel for the plaintiff has filed a memorandum dated 21 May 2019 recordingthat counsel has conferred with Ms Purdon regarding the costs and that Ms Purdonagrees with the amount of solicitor-client costs sought by the plaintiff in the plaintiff'smemorandum of 14 May 2019.[6] With the parties having reached an agreement as contemplated by the ordersmade at para [14](c) of the judgment of 14 May 2019, there is an order that the firstand second defendants pay to the plaintiff costs in this proceeding of $17,408.00 anddisbursements of $1,557.39.____________________________________Associate Judge LesterSolicitors:Buddle Findlay, ChristchurchDuncan Cotterill, Nelson