ASB BANK LTD v SGARGETTA [2018] NZHC 3333

ASB BANK LTD v SGARGETTA [2018] NZHC 3333

The Court held ASB was contractually entitled to be indemnified for its actual legal costs reasonably incurred and, having reviewed the affidavits and the defendant's conduct, found the claimed costs of $38,649.46 and disbursements of $160 were reasonable and ordered those amounts to be paid by the defendant; the Court's jurisdiction to fix costs was not affected by the defendant's proposed further application to the Court of Appeal.

Citation
[2018] NZHC 3333
Parties
Plaintiff/respondent: ASB Bank Limited; Defendant/applicant: Elliot Daniel Sgargetta
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 December 2018
Procedural Posture
Summary Judgment and Stay Application / Costs Determination
Outcome
Costs awarded to ASB Bank Limited against Elliot Daniel Sgargetta in the sum of $38,649.46 together with disbursements of $160
Legal Topics
Summary Judgment, Stay of Execution, Indemnity Costs, Reasonableness of Legal Costs, Contractual Indemnity
Civil Procedure Contract Law Banking Law Costs Summary Judgment Stay of Execution Indemnity Costs Reasonableness of Legal Costs +1 more

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Parties

ASB Bank Limited

Plaintiff/respondent

Elliot Daniel Sgargetta

Defendant/applicant

Procedural Posture

Summary Judgment and Stay Application / Costs Determination

Legal Issues

  1. 1 Whether ASB was entitled to contractual indemnity for legal costs under the guarantee
  2. 2 Whether the costs claimed for opposing the stay were reasonable and reasonably incurred
  3. 3 Whether this Court could determine costs despite the defendant seeking further relief in the Court of Appeal

Ratio Decidendi

The Court held ASB was contractually entitled to be indemnified for its actual legal costs reasonably incurred and, having reviewed the affidavits and the defendant's conduct, found the claimed costs of $38,649.46 and disbursements of $160 were reasonable and ordered those amounts to be paid by the defendant; the Court's jurisdiction to fix costs was not affected by the defendant's proposed further application to the Court of Appeal.

Court Disposition

Costs awarded to ASB Bank Limited against Elliot Daniel Sgargetta in the sum of $38,649.46 together with disbursements of $160

Orders

  • Order for costs in favour of ASB Bank Limited and against Elliot Daniel Sgargetta in the sum of $38,649.46
  • Disbursements awarded to ASB Bank Limited in the sum of $160