TAWANUI DEVELOPMENTS LIMITED V DM HARNETT AND JC MALCOLM AND ANOR HC PMN CIV-2008-454-949

TAWANUI DEVELOPMENTS LIMITED V DM HARNETT AND JC MALCOLM AND ANOR HC PMN CIV-2008-454-949

Because the plaintiff provided contemporaneous tax invoices and affidavit evidence that the claimed costs of $17,049.63 related solely to charging orders and writ of sale, and because the defendants did not dispute that evidence despite extensions, the court found the amount reasonable and awarded indemnity costs of $17,049.63 together with Registrar‑approved disbursements and directed the Registrar to pay the approximately $7,000 held as a part‑payment plus interest.

Citation
openlaw-93e817d2_c091_402e_94f7_fe442d815eef.pdf
Parties
Plaintiff: Tawanui Developments Limited; First Defendant: Dean Michael Harnett; First Defendant: John Colin Malcolm; Second Defendant: Dean Michael Harnett
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 November 2010
Procedural Posture
Civil Enforcement of Specific Performance (contract/property) / Costs Determination Following Judgment
Outcome
Indemnity costs awarded to plaintiff in the sum of $17,049.63; Registrar to pay balance funds of about $7,000 plus interest to plaintiff as part‑payment; defendants to pay reasonable disbursements as approved by the Registrar.
Legal Topics
Specific Performance, Indemnity Costs, Charging Orders, Writ of Sale, Disbursements
Contract Equity Civil Procedure Costs Property Specific Performance Indemnity Costs Charging Orders +2 more

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Parties

Tawanui Developments Limited

Plaintiff

Dean Michael Harnett

First Defendant

John Colin Malcolm

First Defendant

Dean Michael Harnett

Second Defendant

Procedural Posture

Civil Enforcement of Specific Performance (contract/property) / Costs Determination Following Judgment

Legal Issues

  1. 1 Whether indemnity costs should be awarded for enforcement of an order for specific performance
  2. 2 Quantum of indemnity costs related to charging orders and writ of sale
  3. 3 Whether funds held by the Registrar should be applied as part‑payment of awarded costs

Ratio Decidendi

Because the plaintiff provided contemporaneous tax invoices and affidavit evidence that the claimed costs of $17,049.63 related solely to charging orders and writ of sale, and because the defendants did not dispute that evidence despite extensions, the court found the amount reasonable and awarded indemnity costs of $17,049.63 together with Registrar‑approved disbursements and directed the Registrar to pay the approximately $7,000 held as a part‑payment plus interest.

Court Disposition

Indemnity costs awarded to plaintiff in the sum of $17,049.63; Registrar to pay balance funds of about $7,000 plus interest to plaintiff as part‑payment; defendants to pay reasonable disbursements as approved by the Registrar.

Orders

  • Defendants to pay plaintiff indemnity costs of NZD 17,049.63.
  • Defendants to pay reasonable disbursements as approved by the Registrar.