SMITH AND SMITH V SINGH AND ORS HC WN CIV-2004-485-1169

SMITH AND SMITH V SINGH AND ORS HC WN CIV-2004-485-1169

The Court applied Rule 48E(1)(a) and Rule 47(a), found no special reasons to displace the default rule, and therefore ordered that the first defendant pay costs to the plaintiffs fixed on a category 2B basis of $1,595.00 plus disbursements of $62.70 (total $1,657.70).

Citation
openlaw-8d70abb3_f3da_4044_bf03_93d96178b6a3.pdf
Parties
Plaintiffs: LANCE RODNEY SMITH AND OLINKA LORRAINE SMITH; First Defendant: SURENDRA SINGH; Second Defendants: SURENDRA SINGH AND AVINESH SURENDRA SINGH; Third Defendant: HUTT CITY COUNCIL; First Third Party: FOSTER CONSTRUCTION AND CARPENTRY SERVICES LIMITED; Third Third Party: WELLINGTON ALUMINIUM COMPANY LIMITED; Fourth Third Party: TWIN ROOFING LIMITED; Fifth Third Party: GREIG HAYWARD TRADING AS GREIG HAYWARD ARCHITECTURE; Sixth Third Party: M & M PLUMBING LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 March 2006
Procedural Posture
Civil / Costs Stage
Outcome
Order that the first defendant pay costs to the plaintiffs fixed on a category 2B basis totalling $1,595.00 and disbursements of $62.70, total $1,657.70.
Legal Topics
Interlocutory Application, Substituted Service, Recall of Order, Costs Assessment
Civil Procedure Costs Service of Process Interlocutory Application Substituted Service Recall of Order Costs Assessment

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Parties

LANCE RODNEY SMITH AND OLINKA LORRAINE SMITH

Plaintiffs

SURENDRA SINGH

First Defendant

SURENDRA SINGH AND AVINESH SURENDRA SINGH

Second Defendants

HUTT CITY COUNCIL

Third Defendant

FOSTER CONSTRUCTION AND CARPENTRY SERVICES LIMITED

First Third Party

WELLINGTON ALUMINIUM COMPANY LIMITED

Third Third Party

TWIN ROOFING LIMITED

Fourth Third Party

GREIG HAYWARD TRADING AS GREIG HAYWARD ARCHITECTURE

Fifth Third Party

M & M PLUMBING LIMITED

Sixth Third Party

Procedural Posture

Civil / Costs Stage

Legal Issues

  1. 1 Whether costs should be awarded for a failed application to recall a substituted service order
  2. 2 Whether costs should be fixed at the time the opposed interlocutory application is determined under Rule 48E(1)(a) High Court Rules
  3. 3 Whether there are special reasons to displace the rule requiring costs to be fixed

Ratio Decidendi

The Court applied Rule 48E(1)(a) and Rule 47(a), found no special reasons to displace the default rule, and therefore ordered that the first defendant pay costs to the plaintiffs fixed on a category 2B basis of $1,595.00 plus disbursements of $62.70 (total $1,657.70).

Court Disposition

Order that the first defendant pay costs to the plaintiffs fixed on a category 2B basis totalling $1,595.00 and disbursements of $62.70, total $1,657.70.

Orders

  • First defendant to pay costs to the plaintiffs calculated on category 2B basis totalling $1,595.00
  • First defendant to pay disbursements of $62.70