CAMBRIDGE HOMES HOLDINGS LTD v SANTNER [2019] NZHC 2210

CAMBRIDGE HOMES HOLDINGS LTD v SANTNER [2019] NZHC 2210

The Court disallowed the separate claim for bundle preparation, concluding that such work is captured by the written submissions item (step 56), and reduced the appearance claim to three quarters of a day because the hearing commenced at 11:45am; on that basis the respondents were awarded costs on a 2B basis of $12,069.

Citation
[2019] NZHC 2210
Parties
First Appellant: Cambridge Homes Holdings Limited; Second Appellant: Peter Santner; Respondent: Grant Phillip Kenna; Respondent: Catherine Jane Kenna
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 September 2019
Procedural Posture
Appeal Under the District Court Act 2016 / Costs Determination Following Unsuccessful Appeal
Outcome
Respondents' costs claim partially allowed; respondents awarded costs on a 2B basis
Legal Topics
Summary Judgment, Costs Assessment, High Court Rules 2016 Schedule 3
Civil Procedure Costs Appeals Summary Judgment Costs Assessment High Court Rules 2016 Schedule 3

Case Brief

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Parties

Cambridge Homes Holdings Limited

First Appellant

Peter Santner

Second Appellant

Grant Phillip Kenna

Respondent

Catherine Jane Kenna

Respondent

Procedural Posture

Appeal Under the District Court Act 2016 / Costs Determination Following Unsuccessful Appeal

Legal Issues

  1. 1 Whether preparation of respondent's bundle is claimable under Schedule 3 for an appeal
  2. 2 Proper measure of time for appearance in Schedule 3 step 57 when hearing commenced mid‑day
  3. 3 Appropriate quantum of costs on a 2B basis after an unsuccessful appeal

Ratio Decidendi

The Court disallowed the separate claim for bundle preparation, concluding that such work is captured by the written submissions item (step 56), and reduced the appearance claim to three quarters of a day because the hearing commenced at 11:45am; on that basis the respondents were awarded costs on a 2B basis of $12,069.

Court Disposition

Respondents' costs claim partially allowed; respondents awarded costs on a 2B basis

Orders

  • Respondents awarded costs in the sum of $12,069 on a 2B basis
  • No order otherwise