APPLETON v TAURANGA LAW CA858/2011[2015] NZCA 184
The Court declined to certify for second counsel because the appeal was relatively simple, turned essentially on facts and did not occupy significant hearing time; accordingly the appellants were ordered to pay the respondent's agreed costs and disbursements on a standard appeal band A basis without allowance for...
Source-derived case information.
- Citation
- [2015] NZCA 184
- Parties
- First Appellant: John Appleton and Natalie Marie Ryan as trustees of the Appleton Family Trust; Second Appellant: John Appleton; Respondent: Tauranga Law
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 21 May 2015
- Procedural Posture
- Court of Appeal Appeal / Costs Determination Following Supreme Court Remittal
- Outcome
- Appellants ordered to pay respondent's agreed costs and disbursements for a standard appeal on a band A basis; no allowance for second counsel.
- Legal Topics
- Costs of Appeal, Second Counsel Certification, Band a Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Appleton and Natalie Marie Ryan as trustees of the Appleton Family Trust
First Appellant
John Appleton
Second Appellant
Tauranga Law
Respondent
Procedural Posture
Court of Appeal Appeal / Costs Determination Following Supreme Court Remittal
Legal Issues
- 1 Whether a successful respondent is entitled to an allowance for second counsel
- 2 Appropriate scale of costs after the Supreme Court set aside the prior Court of Appeal judgment
Ratio Decidendi
The Court declined to certify for second counsel because the appeal was relatively simple, turned essentially on facts and did not occupy significant hearing time; accordingly the appellants were ordered to pay the respondent's agreed costs and disbursements on a standard appeal band A basis without allowance for second counsel.
Court Disposition
Appellants ordered to pay respondent's agreed costs and disbursements for a standard appeal on a band A basis; no allowance for second counsel.
Orders
- Appellants must pay the respondent the agreed costs and disbursements for a standard appeal on a band A basis
- No allowance or certification for second counsel
Full Case Text
Judgment text and source record
1 paragraphs
APPLETON v TAURANGA LAW CA858/2011[2015] NZCA 184 [21 May 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA858/2011[2015] NZCA 184BETWEEN JOHN APPLETON AND NATALIEMARIE RYAN AS TRUSTEES OF THEAPPLETON FAMILY TRUSTFirst AppellantJOHN APPLETONSecond AppellantAND TAURANGA LAWRespondentCourt: O'Regan P, French and Winkelmann JJCounsel: D W Grove for AppellantsP J Napier and A K Hyde for RespondentJudgment:(On the papers)21 May 2015 at 10.00 amJUDGMENT OF THE COURTThe appellants must pay the respondent the costs and disbursements that have been agreed by the parties for a standard appeal on a band A basis with usual disbursements without any allowance for second counsel.____________________________________________________________________REASONS OF THE COURT(Given by French J)[1] On 6 September 2013, we allowed an appeal by the appellants against a decision of the High Court.1[2] On 19 February 2015, the Supreme Court set aside our judgment including a costs order we had made in favour of the appellants.2[3] The Supreme Court further directed that if the parties could not agree on costs in this Court, then we were to set costs in light of the Supreme Court judgment.[4] The parties have been able to agree on costs except on the issue of whether there should be an allowance for second counsel as claimed by the now successful respondent.[5] In our view, the claim for second counsel is not justified. This was a relatively simple appeal which turned essentially on its facts. It did not occupy significant hearing time.[6] We therefore decline to certify for second counsel.[7] We order that the appellants must pay the respondent the costs that have been agreed for a standard appeal on a band A basis with usual disbursements without any allowance for second counsel.Solicitors:Ellis Law, Auckland for AppellantsKeegan Alexander, Auckland for Respondent1 Appleton v Tauranga Law [2013] NZCA 420, [2013] 3 NZLR 777.2 Tauranga Law v Appleton [2015] NZSC 3.