MOTAIREHE WHANGA TE URI O RANGIHOKAIA KO NGĀTIWAI KI AOTEA INCORPORATED v NICOLA MACDONALD AND KRIS MACDONALD AS TRUSTEES OF THE NGĀTI REHUA – NGĀTIWAI KI AOTEA TRUST BOARD [2018] NZHC 1630
Defendants are entitled to costs on the 2B scale in the sum claimed ($20,962) and disbursements are to be reduced to the GST-exclusive sum of $669.57 on the assumptions made, resulting in a total award of $21,631.57 to be paid by the plaintiff to the defendants.
Source-derived case information.
- Citation
- [2018] NZHC 1630
- Parties
- Plaintiff: MOTAIREHE WHANGA TE URI O RANGIHOKAIA KO NGĀTIWAI KI AOTEA INCORPORATED; Defendant: Nicola MacDonald and Kris MacDonald as trustees of the Ngāti Rehua – Ngātiwai Ki Aotea Trust Board
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 4 July 2018
- Procedural Posture
- Civil / Costs Determination Following Strike Out Judgment and Preservation Order Application
- Outcome
- Order that the plaintiff pay the defendants' costs and disbursements totalling $21,631.57.
- Legal Topics
- Costs Assessment, Strike Out, Preservation Order, GST on Disbursements
Source-derived case record
Summary, issues, holding and outcome
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Parties
MOTAIREHE WHANGA TE URI O RANGIHOKAIA KO NGĀTIWAI KI AOTEA INCORPORATED
Plaintiff
Nicola MacDonald and Kris MacDonald as trustees of the Ngāti Rehua – Ngātiwai Ki Aotea Trust Board
Defendant
Procedural Posture
Civil / Costs Determination Following Strike Out Judgment and Preservation Order Application
Legal Issues
- 1 Whether the defendants are entitled to costs on the 2B scale
- 2 Quantum of costs and disbursements payable
- 3 Whether GST should be included in disbursements given likely GST registration of the Trust Board
Ratio Decidendi
Defendants are entitled to costs on the 2B scale in the sum claimed ($20,962) and disbursements are to be reduced to the GST-exclusive sum of $669.57 on the assumptions made, resulting in a total award of $21,631.57 to be paid by the plaintiff to the defendants.
Court Disposition
Order that the plaintiff pay the defendants' costs and disbursements totalling $21,631.57.
Orders
- Plaintiff to pay defendants' costs on the 2B scale amounting to $20,962.
- Plaintiff to pay defendants' disbursements reduced to the GST-exclusive sum of $669.57.
Full Case Text
Judgment text and source record
1 paragraphs
MOTAIREHE WHANGA TE URI O RANGIHOKAIA KO NGĀTIWAI KI AOTEA INCORPORATED vNICOLA MACDONALD AND KRIS MACDONALD AS TRUSTEES OF THE NGĀTI REHUA – NGĀTIWAIKI AOTEA TRUST BOARD [2018] NZHC 1630 [4 July 2018]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2017-404-296[2018] NZHC 1630BETWEEN MOTAIREHE WHANGA TE URI ORANGIHOKAIA KO NGĀTIWAI KIAOTEA INCORPORATEDPlaintiffAND NICOLA MACDONALD AND KRISMACDONALD AS TRUSTEES OF THENGĀTI REHUA – NGĀTIWAI KI AOTEATRUST BOARDDefendantsHearing: On the papersAppearances: P F Chambers for the PlaintiffS Wroe for the DefendantsJudgment: 4 July 2018JUDGMENT OF WOODHOUSE J(Costs)Solicitors / Counsel:Mr P F Chambers, Barrister, AucklandMr M Henley-Smith (plaintiff's instructing solicitor), Henley-Smith Law, Solicitors, AucklandMs S Wroe, Barrister, AucklandMs J Braithwaite (defendants' instructing solicitor), Braithwaite & Smail Ltd, Solicitors, Auckland[1] The defendants seek an order fixing costs following the substantive judgmentstriking out the plaintiff's claim, and an application for a preservation order, andawarding costs to the defendants.1[2] There is a memorandum for the defendants in support of an application forcosts on the 2B scale in a sum of $20,962, plus disbursements totaling $770.[3] A memorandum for the plaintiff was not filed by 29 June, as required.Following an enquiry by the case officer, at my request, counsel for the plaintiffadvised that he had been unable to obtain instructions. He responsibly noted that, fromhis perspective, he could not fault the memorandum for the defendants as to thecategory of costs and steps taken.[4] I am satisfied the matter should now be determined. I am also satisfied thedefendants are entitled to the 2B costs they seek of $20,962. The disbursementsinclude GST. On the assumption that the Ngāti Rehua – Ngātiwai Ki Aotea TrustBoard is a GST registered party, which seems likely, and on the further assumptionthat the Trust Board will be meeting the costs of the named defendants, thedisbursements should be reduced to the GST exclusive sum of $669.57.[5] There is accordingly an order that the plaintiff pay the defendants' costs anddisbursements in a total sum of $21,631.57.______________________________Woodhouse J1 Motairehe Whanga Te Uri o Rangihokaia Ko Ngātiwai Ki Aotea Incorporated v NicolaMacDonald and Kris MacDonald as trustees of the Ngāti Rehua - Ngātiwai Ki Aotea Trust Board[2018] NZHC 1231.