SURE DEVELOPMENTS LTD V NORTHSHORE TAVERNS LTD & ANOR HC AK CIV 2005-404-3924

SURE DEVELOPMENTS LTD V NORTHSHORE TAVERNS LTD & ANOR HC AK CIV 2005-404-3924

The plaintiff is entitled to solicitor/client costs under the deed but the reasonableness and quantum of the bills must be reviewed; accordingly the Court ordered the plaintiff's bills referred to the Auckland District Law Society for revision under s146 Law Practitioners Act 1982 and held that special circumstances exist under s151 to permit revision even if the bills have been paid; final quantum to be determined after revision.

Citation
openlaw-638a3f97_6fe3_4852_9f99_ae6254bf1580.pdf
Parties
Plaintiff: SURE DEVELOPMENTS LIMITED; First Defendant: NORTHSHORE TAVERNS LIMITED; Second Defendant: GREGORY JOHN NISBET
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 May 2006
Procedural Posture
Civil Summary Judgment With Subsequent Costs Determination / Interim Judgment on Costs (post Summary Judgment)
Outcome
Plaintiff entitled to solicitor/client costs but bills referred for revision; final quantum to be determined after District Council revision; counsel to file memorandum advising outcome.
Legal Topics
Summary Judgment, Solicitor and Client Costs, Guarantee and Indemnity, Bill Revision, Law Practitioners Act S146 and S151
Civil Procedure Costs Contract Professional Regulation Summary Judgment Solicitor and Client Costs Guarantee and Indemnity Bill Revision +1 more

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Parties

SURE DEVELOPMENTS LIMITED

Plaintiff

NORTHSHORE TAVERNS LIMITED

First Defendant

GREGORY JOHN NISBET

Second Defendant

Procedural Posture

Civil Summary Judgment With Subsequent Costs Determination / Interim Judgment on Costs (post Summary Judgment)

Legal Issues

  1. 1 Whether plaintiff entitled to recover solicitor/client (indemnity) costs under the deed of guarantee and indemnity
  2. 2 Whether the quantum of solicitor/client costs claimed by the plaintiff is reasonable
  3. 3 Whether the Court should refer the bills to the District Law Society for revision under s146 Law Practitioners Act 1982

Ratio Decidendi

The plaintiff is entitled to solicitor/client costs under the deed but the reasonableness and quantum of the bills must be reviewed; accordingly the Court ordered the plaintiff's bills referred to the Auckland District Law Society for revision under s146 Law Practitioners Act 1982 and held that special circumstances exist under s151 to permit revision even if the bills have been paid; final quantum to be determined after revision.

Court Disposition

Plaintiff entitled to solicitor/client costs but bills referred for revision; final quantum to be determined after District Council revision; counsel to file memorandum advising outcome.

Orders

  • Order under s146 Law Practitioners Act 1982 referring the plaintiff's bills of costs to the Auckland District Law Society for revision by the District Council
  • If bills have been paid, finding of special circumstances pursuant to s151 Law Practitioners Act 1982 justifies revision