VETS v KOHINOOR LIMITED HC AK CIV-2010-404-3262

VETS v KOHINOOR LIMITED HC AK CIV-2010-404-3262

The judgment creditor is entitled to costs for the New Zealand proceedings to register the Belgian judgment but the quantum is limited to 1.8 days on a 2B basis (1.6 days for commencement analogous to an originating application plus 0.2 days for sealing); disbursements are allowed and no further allowance is justified because the application could have been incorporated in the original proceeding.

Citation
openlaw-2cc4d930_d4a7_4fdf_a1c6_3e051e0a898b.pdf
Parties
Judgment Creditor: Luc Vets; Judgment Debtor: Kohinoor Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 July 2011
Procedural Posture
Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Costs Judgment
Outcome
Application for costs granted in part
Legal Topics
Registration of Foreign Judgment, Costs Assessment, High Court Rules Schedule 3, Duty Judge Referral
Civil Procedure Enforcement of Foreign Judgments Costs Registration of Foreign Judgment Costs Assessment High Court Rules Schedule 3 Duty Judge Referral

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Parties

Luc Vets

Judgment Creditor

Kohinoor Limited

Judgment Debtor

Procedural Posture

Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Costs Judgment

Legal Issues

  1. 1 Whether the judgment creditor is entitled to costs for registration of a Belgian judgment in New Zealand
  2. 2 What the appropriate quantum of costs is and the applicable basis for assessment
  3. 3 Whether separate costs for a subsequent application are justified when the matter could have been dealt with in the original proceeding

Ratio Decidendi

The judgment creditor is entitled to costs for the New Zealand proceedings to register the Belgian judgment but the quantum is limited to 1.8 days on a 2B basis (1.6 days for commencement analogous to an originating application plus 0.2 days for sealing); disbursements are allowed and no further allowance is justified because the application could have been incorporated in the original proceeding.

Court Disposition

Application for costs granted in part

Orders

  • Judgment creditor entitled to costs for the New Zealand proceedings to register the Belgian judgment.
  • Costs allowance on a 2B basis set at 1.8 days (1.6 days for commencement as an originating application plus 0.2 days for sealing).