BODY CORPORATE 88863 AND ORS V PIMENTO HOLDINGS LIMITED HC WN CIV-2011-485-1873

BODY CORPORATE 88863 AND ORS V PIMENTO HOLDINGS LIMITED HC WN CIV-2011-485-1873

Marsden was entitled to costs against Mainzeal in the claimed amounts; the Court refused to order Wellington City Council to contribute because the Council's costs position had already been determined by Associate Judge Bell and any benefit to the Council did not justify disturbing that order or imposing...

Source-derived case information.

Citation
openlaw-e16c1048_3565_40a0_9e2e_f51503d49eab.pdf
Parties
Plaintiffs: BODY CORPORATE 88863 AND ORS; First Defendant: PIMENTO HOLDINGS LIMITED; Second Defendant: MAINZEAL PROPERTY AND CONSTRUCTION LIMITED; Third Defendant: WELLINGTON CITY COUNCIL; Fourth Third Party: T R & E L WYCHERLEY TRADING AS CREATIVE ALUMINIUM; Sixth Third Party: MARSDEN DECORATORS LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 November 2012
Procedural Posture
Civil / Costs Judgment
Outcome
Costs awarded to Marsden Decorators Limited against Mainzeal Property and Construction Limited; no contribution ordered from Wellington City Council
Legal Topics
Strike Out, Summary Judgment, Costs Entitlement, Contribution
Civil Procedure Costs Third Party Proceedings Strike Out Summary Judgment Costs Entitlement Contribution

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Parties

BODY CORPORATE 88863 AND ORS

Plaintiffs

PIMENTO HOLDINGS LIMITED

First Defendant

MAINZEAL PROPERTY AND CONSTRUCTION LIMITED

Second Defendant

WELLINGTON CITY COUNCIL

Third Defendant

T R & E L WYCHERLEY TRADING AS CREATIVE ALUMINIUM

Fourth Third Party

MARSDEN DECORATORS LIMITED

Sixth Third Party

Procedural Posture

Civil / Costs Judgment

Legal Issues

  1. 1 Whether Marsden is entitled to costs for its strike-out application against Mainzeal
  2. 2 Whether Wellington City Council should be ordered to contribute to those costs
  3. 3 Whether existing costs order by Associate Judge Bell precludes altering Council's liability

Ratio Decidendi

Marsden was entitled to costs against Mainzeal in the claimed amounts; the Court refused to order Wellington City Council to contribute because the Council's costs position had already been determined by Associate Judge Bell and any benefit to the Council did not justify disturbing that order or imposing contribution liability.

Court Disposition

Costs awarded to Marsden Decorators Limited against Mainzeal Property and Construction Limited; no contribution ordered from Wellington City Council

Orders

  • Order for costs in favour of Marsden Decorators Limited against Mainzeal Property and Construction Limited in the sum of $14,972
  • Order for payment of disbursements to Marsden Decorators Limited in the sum of $3,308.47