WALLACE & ANOR v ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SPCA) AUCKLAND [2019] NZHC 2172
The appellants abandoned the appeal and accepted the respondent's quantification of costs; consequently the court awarded costs in the sum sought ($10,258.00) and directed that the security for costs paid by the appellants be released to the respondent and applied in reduction of the costs order.
Source-derived case information.
- Citation
- [2019] NZHC 2172
- Parties
- Appellant: Janine Ann Wallace; Appellant: Barbara Glover; Respondent: Royal Society for the Prevention of Cruelty to Animals (SPCA) Auckland
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 September 2019
- Procedural Posture
- Civil Appeal / Costs Judgment
- Outcome
- Costs awarded to respondent; security for costs released and applied in reduction of the costs order
- Legal Topics
- Security for Costs, Abandonment of Appeal, Costs Assessment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janine Ann Wallace
Appellant
Barbara Glover
Appellant
Royal Society for the Prevention of Cruelty to Animals (SPCA) Auckland
Respondent
Procedural Posture
Civil Appeal / Costs Judgment
Legal Issues
- 1 Whether respondent entitled to costs following abandonment of the appeal
- 2 Quantum of costs payable and basis of assessment
- 3 Whether security for costs should be released and applied against the costs order
Ratio Decidendi
The appellants abandoned the appeal and accepted the respondent's quantification of costs; consequently the court awarded costs in the sum sought ($10,258.00) and directed that the security for costs paid by the appellants be released to the respondent and applied in reduction of the costs order.
Court Disposition
Costs awarded to respondent; security for costs released and applied in reduction of the costs order
Orders
- Costs awarded to respondent in the sum of $10,258.00
- The security for costs paid by the appellants is to be released to the respondent and applied in reduction of this costs order
Full Case Text
Judgment text and source record
1 paragraphs
WALLACE & ANOR v ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SPCA)AUCKLAND [2019] NZHC 2172 [2 September 2019]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2018-404-1732[2019] NZHC 2172BETWEEN JANINE ANN WALLACE and BARBARAGLOVERAppellantsAND ROYAL SOCIETY FOR THEPREVENTION OF CRUELTY TOANIMALS (SPCA) AUCKLANDRespondentOn the papersAppearances: M Ryan for AppellantE T Fletcher and Y H Olsen for RespondentJudgment: 2 September 2019COSTS JUDGMENT OF WALKER JThis judgment was delivered by me on 2 September 2019 at 3.00 pmPursuant to Rule 11.5 High Court RulesRegistrar/Deputy Registrar[1] Following the abandonment of the appellants' appeal, the respondent seekscosts.[2] The respondent has filed a costs memo dated 4 April 2019 seeking costs on a2B basis. The costs total $10,258.00.[3] The appellants accept the quantification and that costs are properly payable.[4] I award costs in the sum of $10,258.00. I direct that the security for costs paidby the appellants be released to the respondent and applied in reduction of this costsorder...................................................Walker J