Herron v Wallace [2016] NZHC 2789

Herron v Wallace [2016] NZHC 2789

The memorandum of 1 October 2015 was part of the amendment application and $897 is recoverable; no certificate for second counsel is granted; the NZLS Library research charges of $92 and $230 are routine practice overheads and are not recoverable as disbursements; the cost order of 19 November 2015 is to be sealed with these adjustments.

Citation
[2016] NZHC 2789
Parties
Plaintiff: Stuart Walton Herron; First Defendant: Wayne Andrew Wallace; Second Defendant: Shades of Autumn Limited; Third Defendant: Belmont Lifestyle Village Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 November 2016
Procedural Posture
Application for Leave to Amend Statement of Defence / Post‑judgment Costs Quantification and Sealing of Costs Order
Outcome
Costs order of 19 November 2015 adjusted: include $897 for the 1 October memorandum; deny certificate for second counsel; disallow NZLS research disbursements of $92 and $230; Registrar to seal amended costs order accordingly.
Legal Topics
Application to Amend Statement of Defence, Costs Assessment, Disbursements Recoverability, Certificate for Second Counsel
Civil Procedure Costs Law Commercial Litigation Application to Amend Statement of Defence Costs Assessment Disbursements Recoverability Certificate for Second Counsel

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Parties

Stuart Walton Herron

Plaintiff

Wayne Andrew Wallace

First Defendant

Shades of Autumn Limited

Second Defendant

Belmont Lifestyle Village Limited

Third Defendant

Procedural Posture

Application for Leave to Amend Statement of Defence / Post‑judgment Costs Quantification and Sealing of Costs Order

Legal Issues

  1. 1 Whether memorandum filed 1 October 2015 was part of the amendment application and recoverable as costs
  2. 2 Whether a certificate for second counsel should be granted for the amendment application
  3. 3 Whether NZLS Library research charges ($92 and $230) are recoverable disbursements

Ratio Decidendi

The memorandum of 1 October 2015 was part of the amendment application and $897 is recoverable; no certificate for second counsel is granted; the NZLS Library research charges of $92 and $230 are routine practice overheads and are not recoverable as disbursements; the cost order of 19 November 2015 is to be sealed with these adjustments.

Court Disposition

Costs order of 19 November 2015 adjusted: include $897 for the 1 October memorandum; deny certificate for second counsel; disallow NZLS research disbursements of $92 and $230; Registrar to seal amended costs order accordingly.

Orders

  • Allow $897 in respect of the memorandum filed 1 October 2015 and include this in the sealed costs order
  • No certificate for second counsel is granted in respect of the amendment application