HARDIE V ROUND CA CA220/2008
The Court awarded indemnity costs to the respondent and fixed the amount at $15,334.26 as set out in the respondent's memorandum of 22 September 2009.
Source-derived case information.
- Citation
- openlaw-5931f1ba_386d_49e1_bc78_9ba207b157d0.pdf
- Parties
- Appellant: John David Hardie; Respondent: Martin Charles Round
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 October 2009
- Procedural Posture
- Appeal / Costs Determination Following Dismissal of Appeal
- Outcome
- Appeal previously dismissed; respondent awarded indemnity costs.
- Legal Topics
- Indemnity Costs, Disbursements, Costs Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
John David Hardie
Appellant
Martin Charles Round
Respondent
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Legal Issues
- 1 Whether the respondent should be awarded indemnity costs
- 2 Quantum of costs and disbursements to be awarded to respondent
Ratio Decidendi
The Court awarded indemnity costs to the respondent and fixed the amount at $15,334.26 as set out in the respondent's memorandum of 22 September 2009.
Court Disposition
Appeal previously dismissed; respondent awarded indemnity costs.
Orders
- The appellant shall pay to the respondent indemnity costs and disbursements of $15,334.26 as detailed in the respondent's memorandum of 22 September 2009.
Full Case Text
Judgment text and source record
1 paragraphs
HARDIE V ROUND CA CA220/2008 13 October 2009IN THE COURT OF APPEAL OF NEW ZEALAND CA220/2008 [2009] NZCA 470BETWEEN JOHN DAVID HARDIE Appellant AND MARTIN CHARLES ROUND Respondent Hearing: 17 September 2009 Court: Hammond, Harrison and Miller JJ Counsel: Appellant in person J D Rooney and C P Blake for Respondent Judgment: 13 October 2009 at 4 pmNO. 2 (COSTS) JUDGMENT OF THE COURT The fees and disbursements to be paid by the appellant to the respondent for indemnity costs and disbursements are $15,334.26. REASONS OF THE COURT(Given by Hammond J) [1] On 21 September 2009 we dismissed this appeal: [2009] NZCA 421. We indicated that the respondent, Dr Round, should have indemnity costs. [2] We now order that the costs and disbursements to be paid by the appellant to the respondent are $15,334.26 as detailed in the respondent's memorandum of 22 September 2009.Solicitors: Simpson Grierson for Respondent