GORRIE FUEL (SI) LTD V WILLIAM DAVID GITTOES CA CA659/07
The Court awarded modest costs of $500 plus usual disbursements because the appeal was abandoned at an early stage and there was insufficient material to conclude the proposed appeal was meritless or vexatious; the respondent's other grounds did not justify indemnity costs.
Source-derived case information.
- Citation
- openlaw-595ac0ab_c38c_4957_aa1f_885d208a1307.pdf
- Parties
- Applicant: GORRIE FUEL (SI) LIMITED; Respondent: WILLIAM DAVID GITTOES
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 14 March 2008
- Procedural Posture
- Application for Leave to Appeal / Abandoned at Early Stage
- Outcome
- Applicant ordered to pay respondent costs of $500 plus usual disbursements.
- Legal Topics
- Leave to Appeal, Indemnity Costs, Costs on Abandonment, Vexatiousness
Source-derived case record
Summary, issues, holding and outcome
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Parties
GORRIE FUEL (SI) LIMITED
Applicant
WILLIAM DAVID GITTOES
Respondent
Procedural Posture
Application for Leave to Appeal / Abandoned at Early Stage
Legal Issues
- 1 Whether indemnity costs should be awarded for an abandoned application for leave to appeal
- 2 Whether the Court should depart from its usual modest costs award when an appeal is abandoned early
- 3 Whether the proposed appeal was meritless or vexatious so as to justify indemnity costs
Ratio Decidendi
The Court awarded modest costs of $500 plus usual disbursements because the appeal was abandoned at an early stage and there was insufficient material to conclude the proposed appeal was meritless or vexatious; the respondent's other grounds did not justify indemnity costs.
Court Disposition
Applicant ordered to pay respondent costs of $500 plus usual disbursements.
Orders
- Applicant to pay respondent costs of $500
- Payment to include usual disbursements
Full Case Text
Judgment text and source record
1 paragraphs
GORRIE FUEL (SI) LTD V WILLIAM DAVID GITTOES CA CA659/07 14 March 2008IN THE COURT OF APPEAL OF NEW ZEALAND CA659/07 [2008] NZCA 59BETWEEN GORRIE FUEL (SI) LIMITED Applicant AND WILLIAM DAVID GITTOES Respondent Counsel: O G Paulsen for Applicant T J Twomey for Respondent Judgment: 14 March 2008 at 2.30 pm (on the papers)JUDGMENT OF ARNOLD J The applicant must pay the respondent costs of $500, plus usual disbursements. REASONS[1] The applicant has abandoned its application for leave to appeal from a decision of Judge Couch in the Employment Court: EmpC CHCH CC21/07 and CRC11/06 8 November 2007. The respondent seeks an order for costs on an indemnity basis. He says that his actual costs to date are $1,852, plus $42 by way of disbursements. [2] The grounds on which the respondent claims indemnity costs are that counsel had to undertake considerable work so that he could discuss the merits of the appealwith the respondent, and that the proposed appeal was meritless and vexatious in nature. [3] Where a respondent seeks costs in relation to an appeal which has been abandoned at an early stage, the usual practice of the Court is to make a modest award of costs, up to $500. I do not consider that there is any reason to depart from that practice in this case. The respondent's claim that the appeal was without merit is not one which I can determine on the material before me. The other consideration raised by the respondent is not sufficient to justify the award of costs on an indemnity basis. See generally, the judgment of this Court in Peters v Television New Zealand (2005) 18 PRNZ 149, especially at [19]-[21]. [4] Accordingly, I order the applicant to pay costs of $500, plus usual disbursements, to the respondent.Solicitors: Cavell Leitch Pringle & Boyle, Christchurch for Applicant Purnell Creighton, Christchurch for Respondent