HI BUILD LIMITED (formerly HOME BUILDERS BOP LTD) v FORMAN [2018] NZHC 1801
Because the appellant did not contest the respondents' costs proposal and there was no reason to depart from the ordinary rule that costs follow the event, the court awarded respondents costs on the 2B scale in the sum of $8,362.50, with the specified time-based breakdown.
Source-derived case information.
- Citation
- [2018] NZHC 1801
- Parties
- Appellant: HI BUILD LIMITED (formerly HOMEBUILDERS BOP LTD); Respondent: NIGEL KELVIN FORMAN and CLARELESLEY TURNER as trustees of the NK Forman Family Trust
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 19 July 2018
- Procedural Posture
- Appeal Against Arbitral Award / Costs Determination (post Judgment)
- Outcome
- Appellant ordered to pay respondents' costs following the event
- Legal Topics
- Costs Assessment, Arbitration Act 1996, High Court Rules R 11.5
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
HI BUILD LIMITED (formerly HOMEBUILDERS BOP LTD)
Appellant
NIGEL KELVIN FORMAN and CLARELESLEY TURNER as trustees of the NK Forman Family Trust
Respondent
Procedural Posture
Appeal Against Arbitral Award / Costs Determination (post Judgment)
Legal Issues
- 1 Whether the court should order costs following the event
- 2 Appropriate scale and quantum of costs (2B scale)
- 3 Whether there was any basis to depart from the ordinary costs rule given lack of response from appellant
Ratio Decidendi
Because the appellant did not contest the respondents' costs proposal and there was no reason to depart from the ordinary rule that costs follow the event, the court awarded respondents costs on the 2B scale in the sum of $8,362.50, with the specified time-based breakdown.
Court Disposition
Appellant ordered to pay respondents' costs following the event
Orders
- The appellant is to pay the respondents costs of $8,362.50
- Costs comprised as follows: Commencement of response to appeal or cross-appeal 0.5 days $1,115.00; Preparation of written submissions 3 days $6,690.00; Appearance at hearing for sole counsel 0.25 days $557.50; Total $8,362.50
Full Case Text
Judgment text and source record
1 paragraphs
HI BUILD LIMITED (formerly HOME BUILDERS BOP LTD) v FORMAN [2018] NZHC 1801 [19 July 2018]IN THE HIGH COURT OF NEW ZEALANDTAURANGA REGISTRYI TE KŌTI MATUA O AOTEAROATAURANGA MOANA ROHECIV-2017-470-000183[2018] NZHC 1801UNDER The Arbitration Act 1996IN THE MATTER of an appeal against an arbitral awardBETWEEN HI BUILD LIMITED (formerly HOMEBUILDERS BOP LTD)AppellantAND NIGEL KELVIN FORMAN and CLARELESLEY TURNER as trustees of the NKForman Family TrustRespondentsHearing: On the papersCounsel: T Conder for the AppellantJ Delaney for the RespondentsJudgment: 19 July 2018JUDGMENT OF WOOLFORD J[As to costs]This judgment was delivered by me on Thursday, 19 July 2018 at 4:30 pmpursuant to r 11.5 of the High Court Rules.Registrar/Deputy RegistrarSolicitors: Holland Beckett Law, TaurangaHarris Tate, TaurangaCounsel: J Delaney, Tauranga[1] On 6 June 2018, I gave judgment dismissing an appeal against an arbitrator'sinterim award. I invited counsel to reach an agreement on costs. On 8 June 2018,counsel for the respondents sent an email to counsel for the appellant proposingpayment of 2B costs of $8,632.50. No reply was received to the email or a follow-upemail on 26 June 2016.[2] Following the filing of a memorandum by counsel for the respondents on28 June 2018, the Court invited a response from counsel for the appellant by 5.00 pmon 18 July 2018. Counsel for the applicant filed a memorandum on 19 July 2018stating that he had no instructions as to costs and no response would be filed.[3] In those circumstances, I see no reason to depart from the principle that costsfollow the event. I also consider 2B costs to be appropriate. There will accordinglybe an order that the appellant is to pay the respondents costs of $8,362.50 comprisedas follows:General civil proceedings53 Commencement of response to appeal orcross-appeal0.5 days $1,115.0056 Preparation of written submissions 3 days $6,690.0057 Appearance at hearing for sole counsel 0.25 days $557.50TOTAL $8,362.50_________________________Woolford J