JENSEN v REGISTRAR GENERAL OF LAND [2014] NZHC 287
Although the plaintiffs' circumstances engendered sympathy, their proceeding was without legal justification; therefore the defendant, as successful party, was entitled to costs on the agreed 2B scale and disbursements, resulting in an award of $13,837.44.
Source-derived case information.
- Citation
- [2014] NZHC 287
- Parties
- Plaintiff: Malcolm Ian Jensen; Plaintiff: Katharina Agnes Louisa Elizabeth Jensen; Plaintiff: Murray Darroch Warin; Plaintiff: Robyn Warin; Defendant: Registrar General of Land
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 26 February 2014
- Procedural Posture
- Proceeding Under the Land Transfer Act 1952 and Declaratory Judgments Act 1908 / Costs Judgment Following Substantive Decision
- Outcome
- Costs awarded to the defendant on a 2B scale with disbursements
- Legal Topics
- Land Transfer Act 1952, Declaratory Relief, Costs Awards, Innocent Purchaser Principle
Source-derived case record
Summary, issues, holding and outcome
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Parties
Malcolm Ian Jensen
Plaintiff
Katharina Agnes Louisa Elizabeth Jensen
Plaintiff
Murray Darroch Warin
Plaintiff
Robyn Warin
Plaintiff
Registrar General of Land
Defendant
Procedural Posture
Proceeding Under the Land Transfer Act 1952 and Declaratory Judgments Act 1908 / Costs Judgment Following Substantive Decision
Legal Issues
- 1 Whether the defendant was entitled to costs following dismissal of plaintiffs' proceeding
- 2 Whether the court should exercise its discretion to reduce or deny scale costs because plaintiffs were 'innocent purchasers'
Ratio Decidendi
Although the plaintiffs' circumstances engendered sympathy, their proceeding was without legal justification; therefore the defendant, as successful party, was entitled to costs on the agreed 2B scale and disbursements, resulting in an award of $13,837.44.
Court Disposition
Costs awarded to the defendant on a 2B scale with disbursements
Orders
- Defendant awarded costs and disbursements totalling $13,837.44 in accordance with the schedule annexed to the defendant's memorandum dated 31 January 2014.
Full Case Text
Judgment text and source record
1 paragraphs
JENSEN v REGISTRAR GENERAL OF LAND [2014] NZHC 287 [26 February 2014]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2013-404-3096[2014] NZHC 287UNDER the Land Transfer Act 1952 and the Declaratory Judgments Act 1908BETWEEN MALCOLM IAN JENSEN, KATHARINA AGNES LOUISA ELIZABETH JENSEN, MURRAY DARROCH WARIN AND ROBYN WARINPlaintiffsAND REGISTRAR GENERAL OF LANDDefendantHearing: 5 December 2013Counsel: W W Peters for the PlaintiffsS McKechnie and R Wanigasekera for the DefendantJudgment: 26 February 2014COSTS JUDGMENT OF BROWN JThis judgment was delivered by me on 26 February 2014at 11 am, pursuant to r 11.5 of the High Court RulesRegistrar/Deputy RegistrarSolicitors: Crown Law, Wellington 6140Wayne Peters Law, Whangarei[1] In accordance with the direction in [89] of my judgment of 20 December 2013 the parties have filed memoranda as to costs.[2] The defendant seeks costs on a 2B scale basis together with reasonable disbursements and notes that the parties have previously agreed to costs on a 2B basis by joint memorandum dated 5 August 2013. Furthermore no claims have been made for the time or expenses of junior counsel.[3] Counsel for the plaintiff accepts that costs on a 2B basis are appropriate. However he invites the court to invoke its discretion and consider whether a costs order even on the basis of scale costs is appropriate. In support of that submission he contends that this is a clear instance of a case where the plaintiffs have come to the court in circumstances where they have done no wrong and have been characterised previously as "innocent purchasers".[4] While I am cognisant of the disappointing history of this matter from the plaintiffs' perspective, the fact is that their proceeding in this court has been found to be without legal justification and consequently the defendant is entitled to costs. The level of costs sought is very reasonable.[5] In those circumstances I make an order for costs and disbursements in favour of the defendant in the total sum of $13,837.44 in accordance with the schedule annexed to the memorandum of counsel for the defendant dated 31 January 2014.________________________________Brown J