PRESTIGE BUILDING REMOVALS LTD v VOGEL [2023] NZHC 2445

PRESTIGE BUILDING REMOVALS LTD v VOGEL [2023] NZHC 2445 [4 September 2023]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2022-419-000209[2023] NZHC 2445BETWEEN PRESTIGE BUILDING REMOVALSLIMITEDApplicantAND SHELLEY LYNN VOGEL and BRETVOGELRespondentsHearing: On the papersCounsel: T R Thoms for ApplicantA C N Fuiava for RespondentJudgment: 4 September 2023JUDGMENT OF ANDREW J[Costs]This judgment was delivered by Justice Andrewon 4 September 2023 at 11.00 ampursuant to r 11.5 of the High Court Rules 2016Registrar / Deputy RegistrarDate..Introduction[1] This judgment contains my decision on costs in respect of both the application to thisCourt for leave to appeal an arbitral award and my subsequent decision refusing leave toappeal my own decision to the Court of Appeal.1Decision[2] I accept that costs should be awarded to the successful party, namely the respondents,in respect of my first decision of 1 March 2023. I agree with the calculation of 2B costs bycounsel for the respondent at [4] of her memorandum of 15 March 2023.[3] I order, in respect of the of the 1 March 2023 decision, that the applicant is to paycosts to the respondents in the sum of $9,003.24. Those are the actual costs incurred by therespondents and are less than the 2B scale costs that were calculated. As is well known, costscannot be awarded in excess of actual costs (High Court Rules 2016, r 14.2(1)(f)).[4] In respect of the 12 July 2023 decision (leave to appeal to the Court of Appeal), I againfind that costs should be paid by the applicant, Prestige Building Removals Ltd, to thesuccessful party, namely the respondent. Costs in respect of the July decision are to be paidon a 2A basis, with allowance being made for the following items: item 53 (commencementof response to appeal) (0.3 days), item 56 (preparation of written submissions) (1 day) anditem 11 (filing costs memorandum) (0.2 days). That gives a total award of costs for the leaveto appeal to the Court of Appeal decision (July 2023) of $3,585.[5] I note that the application for leave to appeal to the Court of Appeal was dealt with onthe papers and the legal issues were substantially similar to those addressed in the originaldecision I made refusing leave to appeal to this Court against the arbitral award.[6] In respect of both proceedings, I order that the applicant is to pay the respondentsdisbursements as set out in the respondent's memoranda.__________________________Andrew J1 Prestige Building Removals Ltd v Vogel [2023] NZHC 359; and Prestige Building Removals Ltdv Vogel [2023] NZHC 1815.