RHIND v STEVENSON [costs] [2022] NZHC 2415
Because the respondents succeeded on the appeal and no exceptional circumstances were identified, the Court exercised its discretion under the High Court Rules to award costs to the respondents on a category 2B basis in the sum claimed, assessed at $13,434.00 (including disbursements).
Source-derived case information.
- Citation
- [2022] NZHC 2415
- Parties
- Appellant: Cherie Beryl Rhind (previously known as Cherie Beryl Edwards); Respondent: Ian Leslie Stevenson; Second Respondent: Stevenson Accounting Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 September 2022
- Procedural Posture
- Appeal Against Judge's Decision Declining to Strike Out Amended Claim (debt Recovery) / Costs Application Following Dismissal of Appeal
- Outcome
- Appeal dismissed; costs awarded to respondents
- Legal Topics
- Costs Follow the Event, High Court Rules R14.2(1)(a), Category 2 B Costs Scale, Strike Out Application, Discretionary Costs Awards
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cherie Beryl Rhind (previously known as Cherie Beryl Edwards)
Appellant
Ian Leslie Stevenson
Respondent
Stevenson Accounting Limited
Second Respondent
Procedural Posture
Appeal Against Judge's Decision Declining to Strike Out Amended Claim (debt Recovery) / Costs Application Following Dismissal of Appeal
Legal Issues
- 1 Whether the successful respondents are entitled to costs following dismissal of the appeal
- 2 Appropriate scale and quantum of costs to be awarded (category 2B)
- 3 Whether any exceptional circumstances justify departing from the usual rule that costs follow the event
Ratio Decidendi
Because the respondents succeeded on the appeal and no exceptional circumstances were identified, the Court exercised its discretion under the High Court Rules to award costs to the respondents on a category 2B basis in the sum claimed, assessed at $13,434.00 (including disbursements).
Court Disposition
Appeal dismissed; costs awarded to respondents
Orders
- The appellant pay costs and disbursements totalling $13,434.00 to the respondents.
Full Case Text
Judgment text and source record
1 paragraphs
RHIND v STEVENSON [costs] [2022] NZHC 2415 [20 September 2022]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV 2022-404-000376[2022] NZHC 2415BETWEEN CHERIE BERYL RHIND (previouslyknown as CHERIE BERYL EDWARDS)AppellantAND IAN LESLIE STEVENSONRespondentSTEVENSON ACCOUNTING LIMITEDSecond RespondentHearing: on the papersAppearances: M J Fisher for the AppellantN C King for the RespondentJudgment: 20 September 2022JUDGMENT OF TAHANA J(Costs)This judgment was delivered by me on 20 September 2022 at 4.00pmPursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy RegistrarSolicitors/Counsel:Jones Howden, Barrister & Solicitors, MatamataNoel King Barrister, AucklandErskine Chambers, AucklandIntroduction[1] The respondents, Ian Stevenson and Stevenson Accounting Ltd, seek costsfrom the appellant, Cherie Rhind,1 in relation to an appeal against the decision of JudgeG M Harrison not to strike out Mr Stevenson's amended claim to recover a debt owedby Ms Rhind.2 I dismissed the appeal.3[2] The respondents seek costs of $13,434.00 calculated on a 2B basis. Theappellant has not filed any opposition to the costs claimed.Relevant law[3] Costs awards are at the discretion of the Court.4 Rule 14.2(1)(a) of the HighCourt Rules provides the general principle that "the party who fails with respect to aproceeding should pay costs to the party who succeeds." This is the principle thatcosts follow the event unless there are exceptional circumstances.5[4] In this case, the respondent was successful and it is appropriate that costs beawarded on a category 2B basis.[5] The total amount of costs and disbursements of $13,434.00 are calculated asfollows:Item Particulars Allocated days6 Amount53 Commencement of response toappeal0.5 $1,195.0054 Case management memorandum 0.4 $956.0055 Preparation of case on appeal 1 $2,390.0056 Preparation of writtensubmissions3 $7,170.001 Previously known as Cherie Edwards.2 Stevenson v Rhind [2022] NZDC 3071.3 Rhind v Stevenson [2022] NZHC 1594.4 High Court Rules 2016, r 14.1.5 Shirley v Wairarapa District Health Board [2006] NZSC 63.6 Daily rate of $2,390.00 per day. See High Court Rules 2016, Schedule 2.57 Appearance 0.5 $1,195.0029 Sealing order for costs 0.2 $478.00Total $13,384.00Disbursements AmountSealing $50Total $50Result[6] I order that the appellant pay costs and disbursements totalling $13,434.00 tothe respondents.______________________Tahana J