CASHMERE CAPITAL LIMITED V CROSSDALE PROPERTIES LIMITED AND ORS CA CA730/2008
Because the Supreme Court allowed the appellant's appeal and directed that costs in the lower courts be fixed in light of that judgment, the Court of Appeal ordered that the respondents must pay the appellant costs for a standard appeal on a Band A basis with usual disbursements.
Source-derived case information.
- Citation
- openlaw-9a29744d_1401_4b2c_9c58_c0785886027f.pdf
- Parties
- Appellant: Cashmere Capital Limited; First Respondent: Crossdale Properties Limited; Second Respondent: Patrick Kevin Carroll; Third Respondent: Thomas William Rainey; Fourth Respondent: B V Stranger; Fifth Respondent: Margaret Mary Teresa Cunneen; Sixth Respondent: Patrick Keith Brown; Seventh Respondent: June H Parsons; Eighth Respondent: Mary Ella Lory
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 16 March 2010
- Procedural Posture
- Appeal / Costs Determination Following Supreme Court Judgment Remitting Costs to Lower Courts
- Outcome
- Respondents must pay to the appellant costs for a standard appeal on a Band A basis with usual disbursements.
- Legal Topics
- Costs Allocation, Summary Judgment, Remittal by Higher Court
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cashmere Capital Limited
Appellant
Crossdale Properties Limited
First Respondent
Patrick Kevin Carroll
Second Respondent
Thomas William Rainey
Third Respondent
B V Stranger
Fourth Respondent
Margaret Mary Teresa Cunneen
Fifth Respondent
Patrick Keith Brown
Sixth Respondent
June H Parsons
Seventh Respondent
Mary Ella Lory
Eighth Respondent
Procedural Posture
Appeal / Costs Determination Following Supreme Court Judgment Remitting Costs to Lower Courts
Legal Issues
- 1 Whether the Court of Appeal's earlier costs order should be revisited in light of the Supreme Court allowing the appellant's appeal
- 2 Which party should bear costs of the appeal after the Supreme Court judgment
Ratio Decidendi
Because the Supreme Court allowed the appellant's appeal and directed that costs in the lower courts be fixed in light of that judgment, the Court of Appeal ordered that the respondents must pay the appellant costs for a standard appeal on a Band A basis with usual disbursements.
Court Disposition
Respondents must pay to the appellant costs for a standard appeal on a Band A basis with usual disbursements.
Orders
- The respondents must pay to the appellant costs for a standard appeal on a Band A basis with usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
CASHMERE CAPITAL LIMITED V CROSSDALE PROPERTIES LIMITED AND ORS CA CA730/2008 16 March 2010IN THE COURT OF APPEAL OF NEW ZEALAND CA730/2008 [2010] NZCA 73BETWEEN CASHMERE CAPITAL LIMITED Appellant AND CROSSDALE PROPERTIES LIMITED First Respondent AND PATRICK KEVIN CARROLL Second Respondent AND THOMAS WILLIAM RAINEY Third Respondent AND B V STRANGER Fourth Respondent AND MARGARET MARY TERESA CUNNEEN Fifth Respondent AND PATRICK KEITH BROWN Sixth Respondent AND JUNE H PARSONS Seventh Respondent AND MARY ELLA LORY Eighth Respondent Hearing: 2 April 2009 Court: Hammond, Arnold and Baragwanath JJ Counsel: G A Hair for Appellant N A Till QC for 3rd-8th Respondents Judgment: 16 March 2010 at 3pmJUDGMENT OF THE COURTThe respondents must pay to the appellant costs for a standard appeal on a Band A basis with usual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by Baragwanath J) [1] On 15 May 2009 we dismissed an appeal by the appellant Cashmere Capital Ltd against an order for summary judgment. 1 We ordered that the appellant pay the respondents costs for a standard appeal on a Band A basis with usual disbursements. [2] On 4 December the Supreme Court allowed an appeal by Cashmere. 2 It set aside the judgment of this Court. [3] The Supreme Court stated that costs in the lower courts must fixed by those courts in light of the Supreme Court judgment. 3[4] We therefore make an order that the respondents must pay to the appellant costs for a standard appeal on a Band A basis with usual disbursements.Solicitors: Malley & Co, Christchurch, for Appellant Cameron & Co, Christchurch, for 3 rd -8 th Respondents1 Cashmere Capital Ltd v Crossdale Properties Ltd [2009] NZCA 185, [2009] 3 NZLR 612.2 Cashmere Capital Ltd v Carroll [2009] NZSC 123.3 At [86].