PALMERSTON NORTH CITY COUNCIL v HARDIWAY ENTERPRISES LTD [2015] NZCA 577 [27 November 2015]
By consent the Court quashed the High Court costs decision and substituted an order directing the respondent to pay the appellant costs and disbursements of $14,394.69.
Source-derived case information.
- Citation
- [2015] NZCA 577
- Parties
- Appellant: Palmerston North City Council; Respondent: Hardiway Enterprises Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 27 November 2015
- Procedural Posture
- Appeal / On the Papers (costs Decision)
- Outcome
- High Court costs decision quashed and substituted; respondent ordered to pay appellant costs and disbursements of $14,394.69.
- Legal Topics
- Costs Award, Quashing and Substitution, Consent Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
Palmerston North City Council
Appellant
Hardiway Enterprises Limited
Respondent
Procedural Posture
Appeal / On the Papers (costs Decision)
Legal Issues
- 1 Whether the High Court costs decision should be quashed and substituted
- 2 Whether the respondent should be ordered to pay the appellant costs and disbursements in the specified sum
Ratio Decidendi
By consent the Court quashed the High Court costs decision and substituted an order directing the respondent to pay the appellant costs and disbursements of $14,394.69.
Court Disposition
High Court costs decision quashed and substituted; respondent ordered to pay appellant costs and disbursements of $14,394.69.
Orders
- The costs decision in the High Court is quashed and substituted with an order directing the respondent to pay the appellant costs and disbursements in the sum of $14,394.69.
Full Case Text
Judgment text and source record
1 paragraphs
PALMERSTON NORTH CITY COUNCIL v HARDIWAY ENTERPRISES LTD [2015] NZCA 577 [27 November 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA78/2014[2015] NZCA 577BETWEEN PALMERSTON NORTH CITYCOUNCILAppellantAND HARDIWAY ENTERPRISES LIMITEDRespondentCourt: Ellen France P, French and Cooper JJCounsel: J W Maassen and N Jessen for AppellantR J B Fowler QC and G J Hamlen-Williams for RespondentJudgment:(On the papers)27 November 2015 at 3.30 pmJUDGMENT OF THE COURTBy consent, the costs decision in the High Court is quashed and substituted with an order directing the respondent to pay the appellant costs and disbursements in the sum of $14,394.69.____________________________________________________________________Solicitors:Cooper Rapley, Palmerston North for AppellantDewhirst Law, Otaki for Respondent