HJS AG LTD v TUMATATORO LTD [2021] NZHC 1978

HJS AG LTD v TUMATATORO LTD [2021] NZHC 1978

Costs were awarded to the plaintiff on a 2B scale for allowed items reduced by disallowing certification for the brief, uncontested costs memorandum (denying costs-on-costs for that item); disbursements were allowed; the defendants (as trustees in their representative capacity) were ordered to pay jointly and severally; an order for several liability was declined under r 14.14.

Citation
[2021] NZHC 1978
Parties
Plaintiff: HJS AG LTD; First Defendant: TUMATATORO LTD; Second Defendant: Ripeka Patene-Stout; Samuel Ngakapa Thompson; Matilda Ora Thompson; Moana Vicki Thompson (aka Moana Apaapa); Raymond Waero Thompson (in their capacity as trustees of the Kahupeka Te Waero Whanau Trust)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 August 2021
Procedural Posture
Specific Performance Claim for Renewal of Lease and Related Guarantee Claims With Interlocutory Injunction Application / Costs Judgment Following Interim Injunction Hearing and Substantive Hearing Decision
Outcome
Costs awarded to plaintiff HJS AG LTD on a 2B scale and disbursements awarded; defendants jointly and severally liable; application for several costs order declined; costs-on-costs for the brief costs memorandum not certified.
Legal Topics
Specific Performance, Interim Injunction, Costs, Lease Renewal, Guarantee, Trustee Indemnity
Contract Equity Property Civil Procedure Trusts Specific Performance Interim Injunction Costs +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

HJS AG LTD

Plaintiff

TUMATATORO LTD

First Defendant

Ripeka Patene-Stout; Samuel Ngakapa Thompson; Matilda Ora Thompson; Moana Vicki Thompson (aka Moana Apaapa); Raymond Waero Thompson (in their capacity as trustees of the Kahupeka Te Waero Whanau Trust)

Second Defendant

Procedural Posture

Specific Performance Claim for Renewal of Lease and Related Guarantee Claims With Interlocutory Injunction Application / Costs Judgment Following Interim Injunction Hearing and Substantive Hearing Decision

Legal Issues

  1. 1 Entitlement to costs following interim injunction and substantive proceedings
  2. 2 Appropriate scale of costs (2B)
  3. 3 Whether to certify and award costs on costs for a costs memorandum

Ratio Decidendi

Costs were awarded to the plaintiff on a 2B scale for allowed items reduced by disallowing certification for the brief, uncontested costs memorandum (denying costs-on-costs for that item); disbursements were allowed; the defendants (as trustees in their representative capacity) were ordered to pay jointly and severally; an order for several liability was declined under r 14.14.

Court Disposition

Costs awarded to plaintiff HJS AG LTD on a 2B scale and disbursements awarded; defendants jointly and severally liable; application for several costs order declined; costs-on-costs for the brief costs memorandum not certified.

Orders

  • Award HJS AG LTD costs on a 2B basis in the sum of $9,440.50
  • Award HJS AG LTD disbursements in the sum of $1,621.74