TRANS OTWAY LTD V SHEPHARD AND ANOR CA CA98/04
The Court recalled its earlier judgment and amended the costs order because the parties agreed on a reduced costs figure and there were no exceptional circumstances to depart from the usual practice that costs follow the event; accordingly the appellant was ordered to pay costs of $3,000 plus usual disbursements.
Source-derived case information.
- Citation
- openlaw-84b7a8fe_d86f_4fe1_a869_3a35696b1701.pdf
- Parties
- Appellant: Trans Otway Limited; Respondent: Iain Bruce Shephard; Respondent: Christine Margaret Dunphy
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 3 August 2005
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment (recall and Costs Determination)
- Outcome
- Judgment dated 13 June 2005 recalled and amended; costs awarded to respondents in the sum of $3,000 plus usual disbursements; other orders of 13 June 2005 confirmed
- Legal Topics
- Costs on Appeal, Order for Costs, Recall of Judgment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trans Otway Limited
Appellant
Iain Bruce Shephard
Respondent
Christine Margaret Dunphy
Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment (recall and Costs Determination)
Legal Issues
- 1 Whether to recall and amend the Court of Appeal judgment dated 13 June 2005
- 2 What costs order is appropriate on this appeal
- 3 Whether there are exceptional circumstances justifying a departure from ordinary costs practice
Ratio Decidendi
The Court recalled its earlier judgment and amended the costs order because the parties agreed on a reduced costs figure and there were no exceptional circumstances to depart from the usual practice that costs follow the event; accordingly the appellant was ordered to pay costs of $3,000 plus usual disbursements.
Court Disposition
Judgment dated 13 June 2005 recalled and amended; costs awarded to respondents in the sum of $3,000 plus usual disbursements; other orders of 13 June 2005 confirmed
Orders
- Judgment dated 13 June 2005 is recalled
- All orders made on 13 June 2005 are confirmed except order C which is substituted
Full Case Text
Judgment text and source record
1 paragraphs
TRANS OTWAY LTD V SHEPHARD AND ANOR CA CA98/04 3 August 2005IN THE COURT OF APPEAL OF NEW ZEALAND CA98/04BETWEEN TRANS OTWAY LIMITED Appellant AND IAIN BRUCE SHEPHARD AND CHRISTINE MARGARET DUNPHY Respondents Hearing: 12 April 2005 Court: Anderson P, William Young and Chambers JJ Counsel: D M Law for Appellant H L Thompson for Respondents Judgment: 3 August 2005JUDGMENT OF THE COURT A This court's judgment dated 13 June 2005 is recalled. B All orders made on 13 June 2005 are confirmed, save for order C. In place of order C, the following is substituted: "The appellant must pay costs to the respondents in the sum of $3,000, plus usual disbursements. " REASONS[1] The parties have agreed that costs should be $3,000, not $6,000. We recall and amend accordingly. The reasons for judgment given on 13 June 2005 are confirmed, save that [52], on the topic of costs, is deleted. The reasons should read as if the following were substituted for [52]:There are no exceptional circumstances concerning this appeal. Costs should follow the event, in the normal sum for a half day appeal.Solicitors: Wood Ruck Manukau, Manukau, for Appellant McMahon Butterworth, Auckland, for Respondents