QUEENSLAND MAINTENANCE SERVICES (NZ) LTD V QUEENSLAND MAINTENANCE SERVICES (PTY) LTD (IN LIQUIDATION) [2015] NZCA 454
The respondent was entitled to costs following the withdrawal of the appeal; r 53D(1)(b) allows costs for steps not listed in Schedule 2, the respondent had taken those steps and incurred costs, and a pragmatic half‑day allowance calculated on the standard appeal scale appropriately compensates the respondent,...
Source-derived case information.
- Citation
- [2015] NZCA 454
- Parties
- Appellant: Queensland Maintenance Services (NZ) Limited; Respondent: Queensland Maintenance Services (Pty) Limited (In liquidation)
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 22 September 2015
- Procedural Posture
- Civil Appeal / Costs Determination Following Withdrawal of Appeal
- Outcome
- Respondent awarded costs following withdrawal of appeal
- Legal Topics
- Withdrawal of Appeal, Security for Costs, Costs on Abandonment, Standard Appeal Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Queensland Maintenance Services (NZ) Limited
Appellant
Queensland Maintenance Services (Pty) Limited (In liquidation)
Respondent
Procedural Posture
Civil Appeal / Costs Determination Following Withdrawal of Appeal
Legal Issues
- 1 Whether respondent was entitled to costs after the appellant abandoned the appeal
- 2 Whether the steps for which costs were claimed were recoverable where they are not listed in Schedule 2 to the Court of Appeal (Civil) Rules 2005
- 3 Whether the respondent was required to provide detailed actual cost records for the claimed minor attendances
Ratio Decidendi
The respondent was entitled to costs following the withdrawal of the appeal; r 53D(1)(b) allows costs for steps not listed in Schedule 2, the respondent had taken those steps and incurred costs, and a pragmatic half‑day allowance calculated on the standard appeal scale appropriately compensates the respondent, resulting in an award of $995.
Court Disposition
Respondent awarded costs following withdrawal of appeal
Orders
- Respondent is entitled to costs in the sum of $995 consequent on the withdrawal of the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
QUEENSLAND MAINTENANCE SERVICES (NZ) LTD V QUEENSLAND MAINTENANCE SERVICES (PTY) LTD (IN LIQUIDATION) [2015] NZCA 454 [22 September 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA183/2015[2015] NZCA 454BETWEEN QUEENSLAND MAINTENANCESERVICES (NZ) LIMITEDAppellantAND QUEENSLAND MAINTENANCESERVICES (PTY) LIMITED (INLIQUIDATION)RespondentCounsel: M Heard for AppellantA W Johnson for RespondentJudgment:(On the papers)22 September 2015 at 2 pmJUDGMENT OF COOPER JThe respondent is entitled to costs in the sum of $995 consequent on the withdrawal of the appeal.____________________________________________________________________REASONS[1] This appeal, filed on 13 April 2015 was abandoned on 21 July 2015. Security for costs had been paid, in the sum of $5,880.[2] The respondent now seeks costs. Its solicitor, Mr Johnson accepts that the matters in issue were not complex and the appeal should be treated as a standard appeal. He then notes that the respondent and/or its lawyers have:(a) drafted and filed a notice in support of the appeal on other grounds;(b) at the appellant's request reviewed the draft index of the case onappeal;(c) received and reviewed the final version of the case on appeal; and(d) been engaged in ongoing communications with the Court as to the setting down of the appeal, the hearing date and pre-appeal directions.[3] Counsel for the appellant notes that the steps for which costs are sought are not referred to in Schedule 2 to the Court of Appeal (Civil) Rules 2005. Mr Heard submits that although r 53D(1)(b) contemplates costs for steps not so included, counsel for the respondent has adopted a "granular analysis", claiming for minorattendances of an insignificant nature. Mr Heard also submits that the respondent should have provided details of the actual costs incurred.[4] It is not disputed that the respondent has taken the steps referred to and in doing so has incurred some costs. In my assessment, it would be appropriate to make an allowance reflecting half a day in respect of the attendances to which the respondent has referred. Calculated as for a standard appeal that results in an award of $995.[5] The respondent is entitled to costs in the sum of $995 consequent on the withdrawal of the appeal.Solicitors:Lee Salmon Long, Auckland for AppellantMartelli McKegg, Auckland for Respondent