CASAMA GROUP (NZ) LIMITED v GUENOLE & ANOR HC WN CIV 2012-485-2579

CASAMA GROUP (NZ) LIMITED v GUENOLE & ANOR HC WN CIV 2012-485-2579

The distraint was unlawful and plaintiffs were entitled to costs; costs are awarded to the plaintiffs on a category 2 band B basis but the commencement allowance (item 1) is reduced to 1.5 days at the category 2 daily rate; the costs order is to be paid by the second defendant only; costs of the present costs application lie where they fall.

Citation
openlaw-056a89dc_e98c_4c88_a4f1_11afc37291d6.pdf
Parties
First Plaintiff: CASAMA GROUP (NZ) LIMITED; Second Plaintiff: MINERAL LIMITED; Third Plaintiff: JACKSON ESTATE LIMITED; First Defendant: GEOFFREY RONALD GUENOLE; Second Defendant: SCETTRINI INVESTMENTS LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 February 2013
Procedural Posture
Civil (injunction) / Costs Determination (post Injunction Judgment)
Outcome
Costs awarded to plaintiffs; assessment on category 2 band B with item 1 reduced to 1.5 days; costs to be paid by the second defendant only; costs on this costs application to lie where they fall.
Legal Topics
Distraint, Possession, Costs Orders, Undertaking as to Costs
Civil Procedure Property Law Injunctions Costs Distraint Possession Costs Orders Undertaking as to Costs

Case Brief

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Parties

CASAMA GROUP (NZ) LIMITED

First Plaintiff

MINERAL LIMITED

Second Plaintiff

JACKSON ESTATE LIMITED

Third Plaintiff

GEOFFREY RONALD GUENOLE

First Defendant

SCETTRINI INVESTMENTS LIMITED

Second Defendant

Procedural Posture

Civil (injunction) / Costs Determination (post Injunction Judgment)

Legal Issues

  1. 1 Whether costs should follow the event
  2. 2 Whether the commencement allowance (item 1, third schedule) should be reduced from three days
  3. 3 Whether any costs order should be made against the second defendant only

Ratio Decidendi

The distraint was unlawful and plaintiffs were entitled to costs; costs are awarded to the plaintiffs on a category 2 band B basis but the commencement allowance (item 1) is reduced to 1.5 days at the category 2 daily rate; the costs order is to be paid by the second defendant only; costs of the present costs application lie where they fall.

Court Disposition

Costs awarded to plaintiffs; assessment on category 2 band B with item 1 reduced to 1.5 days; costs to be paid by the second defendant only; costs on this costs application to lie where they fall.

Orders

  • Costs awarded to plaintiffs on category 2 band B with item 1 reduced to 1.5 days at the category 2 daily rate
  • Costs to be paid by SCETTRINI INVESTMENTS LIMITED (second defendant) only