SOUTH CANTERBURY FINANCE LIMITED AND KELT FINANCE LIMITED V GLOBAL ORGANICS (NZ) LIMITED HC TAU CIV-2010-470-42
Because the respondent withdrew the caveat the applicant's position was equivalent to succeeding at a contested hearing, giving a presumptive entitlement to costs; there were no exceptional circumstances to justify indemnity costs, so costs were awarded on a 2B basis.
Source-derived case information.
- Citation
- openlaw-08f8c8ca_2032_4b33_8844_6cb09a47dc68.pdf
- Parties
- Applicant: South Canterbury Finance Limited; Applicant: Kelt Finance Limited; Respondent: Global Organics (NZ) Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 15 March 2010
- Procedural Posture
- Caveat Proceedings Under Section 143 Land Transfer Act 1952 / Costs Application Following Withdrawal of Caveat
- Outcome
- Applicants awarded costs on a 2B basis; indemnity costs declined.
- Legal Topics
- Caveat Withdrawal, Costs Awards, Indemnity Costs, Scale Costs 2 B
Source-derived case record
Summary, issues, holding and outcome
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Parties
South Canterbury Finance Limited
Applicant
Kelt Finance Limited
Applicant
Global Organics (NZ) Limited
Respondent
Procedural Posture
Caveat Proceedings Under Section 143 Land Transfer Act 1952 / Costs Application Following Withdrawal of Caveat
Legal Issues
- 1 Whether applicant is presumptively entitled to costs after respondent withdraws caveat
- 2 Whether indemnity costs should be awarded
- 3 Appropriate scale of costs (2B)
Ratio Decidendi
Because the respondent withdrew the caveat the applicant's position was equivalent to succeeding at a contested hearing, giving a presumptive entitlement to costs; there were no exceptional circumstances to justify indemnity costs, so costs were awarded on a 2B basis.
Court Disposition
Applicants awarded costs on a 2B basis; indemnity costs declined.
Orders
- Costs awarded to South Canterbury Finance Limited and Kelt Finance Limited on a 2B basis against Global Organics (NZ) Limited.
- No indemnity costs awarded.
Full Case Text
Judgment text and source record
1 paragraphs
SOUTH CANTERBURY FINANCE LIMITED AND KELT FINANCE LIMITED V GLOBAL ORGANICS (NZ) LIMITED HC TAU CIV-2010-470-42 15 March 2010IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY CIV-2010-470-42UNDER Section 143 of the Land Transfer Act 1952 BETWEEN SOUTH CANTERBURY FINANCE LIMITED AND KELT FINANCE LIMITED Applicant AND GLOBAL ORGANICS (NZ) LIMITED Respondent Hearing: (on papers) Appearances: T J G Allan for applicant J Costigan for respondent Judgment: 15 March 2010 at 4.30 pmJUDGMENT OF ASSOCIATE JUDGE DOOGUE [on Costs]This judgment was delivered by me on15.03.10 at 4.30 pm, pursuant to Rule 11.5 of the High Court Rules. Registrar/Deputy Registrar DateSolicitors:Grove Darlow & Partners, P O Box2882, Auckland Goodman Tavendale Reid, P O Box 442, Christchurch 8140[1] These caveat proceedings were resolved by the respondent agreeing to withdraw the caveat in issue. The applicant seeks indemnity costs. [2] The respondent submits that costs should lie where they fall but if costs are to be awarded they should be on 2B basis. [3] The respondent says that the merits of the case have not been tested. [4] In my view, given that the respondent has agreed to withdraw the caveat, the position is equivalent to the applicant having succeeded on a contested hearing. The applicant therefore is presumptively entitled to costs and I see no reason why they should not be awarded. [5] I do not view this as an exceptional case where indemnity costs should be awarded. Costs on a 2B basis are awarded. _____________ J.P. Doogue Associate Judge