NEW ZEALAND BLOODSTOCK LIMITED V BRUCE HC AK CIV-2011-404-1447
Plaintiff established service of the costs particulars within the required time and the defendant failed to respond within seven days; the court concluded the claimed party and party costs and disbursements were reasonable and ordered costs in accordance with the plaintiff's memorandum dated 30 August 2011.
Source-derived case information.
- Citation
- openlaw-ba9d1795_42f0_4209_9fa1_2d63b4c3d5ca.pdf
- Parties
- Plaintiff: New Zealand Bloodstock Limited; Defendant: Iain Bruce
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 26 September 2011
- Procedural Posture
- Civil (high Court) / Costs Determination (post Judgment)
- Outcome
- Costs awarded to the plaintiff
- Legal Topics
- Costs Assessment, Party and Party Costs, Disbursements
Source-derived case record
Summary, issues, holding and outcome
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Parties
New Zealand Bloodstock Limited
Plaintiff
Iain Bruce
Defendant
Procedural Posture
Civil (high Court) / Costs Determination (post Judgment)
Legal Issues
- 1 Whether the plaintiff's claimed party and party costs and disbursements are reasonable and should be awarded
- 2 Whether the defendant complied with the seven day period for responding to costs particulars
Ratio Decidendi
Plaintiff established service of the costs particulars within the required time and the defendant failed to respond within seven days; the court concluded the claimed party and party costs and disbursements were reasonable and ordered costs in accordance with the plaintiff's memorandum dated 30 August 2011.
Court Disposition
Costs awarded to the plaintiff
Orders
- Costs and disbursements awarded in terms of the plaintiff's counsel memorandum dated 30 August 2011
Full Case Text
Judgment text and source record
1 paragraphs
NEW ZEALAND BLOODSTOCK LIMITED V BRUCE HC AK CIV-2011-404-1447 26 September 2011IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2011-404-1447BETWEEN NEW ZEALAND BLOODSTOCKLIMITEDPlaintiffAND IAIN BRUCEDefendantHearing: 11 July 2011 and on papersAppearances: Mr J Collinge for plaintiffMr S Perese for defendantJudgment: 26 September 2011 at 11:00 AMJUDGMENT NUMBER TWO OF ASSOCIATE JUDGE DOOGUE[Costs]This judgment was delivered by me on26.09.11 at 10 a.m., pursuant toRule 11.5 of the High Court Rules.Registrar/Deputy RegistrarDateCounsel:Mr J Collinge, Auckland – joncol@ihug.co.nzMr Simativa Perese, Barrister – perese@xtra.co.nz[1] I entered judgment in this matter against the defendant on 10 August 2011. I gave directions as to the matter of costs which entailed counsel for the plaintiffsending details of the plaintiff's party and party costs to counsel for the defendant forcomment within seven days.[2] Mr Collinge for the plaintiff has established that he sent that information to Mr Perese on 12 August 2011. He says that he has not received a formal response in writing from Mr Perese nor any submissions opposing the amounts therein within the seven day period stipulated. I consider that the costs sought are reasonable as arethe disbursements and I make an order in terms of counsel's memorandum dated 30August 2011._____________J.P. DoogueAssociate Judge