SMITH & SONS SI LIMITED v SEAR [2019] NZHC 2573

SMITH & SONS SI LIMITED v SEAR [2019] NZHC 2573

Judgment from 2 September 2019 is confirmed with specified GST-exclusive adjustments (signage $340 and $750.43), the total judgment is $39,198.97 reduced by $5.00 (to $39,193.97); the plaintiff is entitled to proceedings costs and disbursements of $32,630.50 excluding GST; the defendants overstated a service disbursement by $5.00 and the plaintiff must adjust interest figures accordingly before the Registrar will seal interest judgment.

Citation
[2019] NZHC 2573
Parties
Plaintiff: SMITH & SONS SI LIMITED; Defendant: THOMAS JOHN SEAR; Defendant: LYNDAMAREE WRIGHT-SEAR
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 October 2019
Procedural Posture
Civil Summary Judgment Proceedings / Supplementary Judgment
Outcome
Judgment for plaintiff affirmed subject to specified GST adjustments and a $5.00 correction to service disbursement.
Legal Topics
Summary Judgment, Assessment of Costs, Interest Calculation, GST Treatment, Service Disbursement
Civil Procedure Debt Recovery Costs Interest Tax (gst) Summary Judgment Assessment of Costs Interest Calculation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

SMITH & SONS SI LIMITED

Plaintiff

THOMAS JOHN SEAR

Defendant

LYNDAMAREE WRIGHT-SEAR

Defendant

Procedural Posture

Civil Summary Judgment Proceedings / Supplementary Judgment

Legal Issues

  1. 1 Whether judgment amounts were GST inclusive or exclusive
  2. 2 Whether claimed legal costs were unreasonable or excessive
  3. 3 Treatment and correct quantum of a service disbursement item

Ratio Decidendi

Judgment from 2 September 2019 is confirmed with specified GST-exclusive adjustments (signage $340 and $750.43), the total judgment is $39,198.97 reduced by $5.00 (to $39,193.97); the plaintiff is entitled to proceedings costs and disbursements of $32,630.50 excluding GST; the defendants overstated a service disbursement by $5.00 and the plaintiff must adjust interest figures accordingly before the Registrar will seal interest judgment.

Court Disposition

Judgment for plaintiff affirmed subject to specified GST adjustments and a $5.00 correction to service disbursement.

Orders

  • Judgment confirmed in terms of [70] of the 2 September 2019 judgment with signage at para [70](d) $340 (GST exclusive) and para [70](e) $750.43 (GST exclusive).
  • Total judgment sum stated as $39,198.97 less $5.00 (resulting in $39,193.97).