THE ESTATE OF PENE TURI RURUKU, HAZEL RURUKU AND TAMA HOERA RURUKU V TUI ROSALIE ELKINGTON AND ANOR CA CA71/2008
The Court held that standard Band A costs are the starting point but a reduction is appropriate because the matter did not require a hearing; accordingly the applicants were ordered to pay $1,500 plus usual disbursements to the first respondent.
Source-derived case information.
- Citation
- openlaw-f6cac9ad_7fa3_4365_bdde_81f1c8d11fb6.pdf
- Parties
- Applicant: THE ESTATE OF PENE TURI RURUKU, HAZEL RURUKU AND TAMA HOERA RURUKU; First Respondent: TUI ROSALIE ELKINGTON; Second Respondent: JENNY KING
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 13 August 2008
- Procedural Posture
- Application for Special Leave to Appeal / Application Abandoned; Costs Determination
- Outcome
- Applicants ordered to pay costs to the first respondent.
- Legal Topics
- Special Leave to Appeal, Costs Assessment, Court of Appeal (civil) Rules R 29(4), Costs Bands
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE ESTATE OF PENE TURI RURUKU, HAZEL RURUKU AND TAMA HOERA RURUKU
Applicant
TUI ROSALIE ELKINGTON
First Respondent
JENNY KING
Second Respondent
Procedural Posture
Application for Special Leave to Appeal / Application Abandoned; Costs Determination
Legal Issues
- 1 Whether applicants should pay costs after lodging a notice of abandonment
- 2 Appropriate quantum of costs where the substantive hearing did not proceed
- 3 Application of standard Band A costs and allowable reduction
Ratio Decidendi
The Court held that standard Band A costs are the starting point but a reduction is appropriate because the matter did not require a hearing; accordingly the applicants were ordered to pay $1,500 plus usual disbursements to the first respondent.
Court Disposition
Applicants ordered to pay costs to the first respondent.
Orders
- Applicants to pay costs of $1,500.00 to the first respondent, together with usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
THE ESTATE OF PENE TURI RURUKU, HAZEL RURUKU AND TAMA HOERA RURUKU V TUI ROSALIE ELKINGTON AND ANOR CA CA71/2008 13 August 2008IN THE COURT OF APPEAL OF NEW ZEALAND CA71/2008 [2008] NZCA 303BETWEEN THE ESTATE OF PENE TURI RURUKU, HAZEL RURUKU AND TAMA HOERA RURUKU Applicants AND TUI ROSALIE ELKINGTON First Respondent AND JENNY KING Second Respondent Hearing: 12 August 2008 Court: Glazebrook, O'Regan and Robertson JJ Counsel: S J Zindel for Applicants H Roose for First Respondent No appearance for Second Respondent Judgment: 13 August 2008 at 4 pmJUDGMENT OF THE COURT The applicants are to pay costs of $1,500.00 to the first respondent, together with usual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by Robertson J)[1] There was listed for hearing an application for special leave to appeal under r 29(4) of the Court of Appeal (Civil) Rules 2005. [2] Affidavits, memoranda and submissions were filed. On 7 August 2008 a formal notice of abandonment was lodged. Notwithstanding, both counsel appeared to be heard on the issue of costs. [3] Mr Roose drew attention to the time and effort which had gone into the preparation for the proposed hearing and noted that this had been in excess of 25 hours. [4] Mr Zindel accepted that the respondent was entitled to costs and usual disbursements. He noted that if the matter had gone to hearing, in accordance with the costs rules (standard application, band A), the entitlement would have been $1,920. His argument was that, because there was no actual hearing, two-thirds of that sum or $1,120 would be appropriate. [5] Nothing was advanced to suggest that if the matter gone to hearing (and the applicants had been unsuccessful) the respondent would have been awarded anything other than costs for a standard application on a band A basis. [6] In those circumstances, it is inevitable that the standard band A costs are the starting point. There needs to be some recognition of the fact that the matter did not require a hearing on the merit. [7] The applicants are ordered to pay costs of $1,500.00 to the first respondent, together with usual disbursements.Solicitors: Zindels, Nelson, for Applicants