WATKINS MANUFACTURING CORP v PRESTIGE POOLS LTD - Costs [2020] NZHC 1419
Because the claimant sought 2B costs consistent with the Court's earlier indication, the claim was unopposed, and the claimed amounts were orthodox and consistent with the complexity and time required, the Court ordered Prestige to pay 2B costs of $57,144 and disbursements of $29,176.16.
Source-derived case information.
- Citation
- [2020] NZHC 1419
- Parties
- Plaintiff: Watkins Manufacturing Corporation; First Defendant: Prestige Pools Limited; Second Defendant: Michael McGurk
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 23 June 2020
- Procedural Posture
- Registered Design Infringement (designs Act 1953) / Costs Application Following Liability Determination
- Outcome
- Order for costs in favour of Watkins: Prestige ordered to pay 2B costs of $57,144 and disbursements of $29,176.16.
- Legal Topics
- Design Infringement, Costs, Injunctions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Watkins Manufacturing Corporation
Plaintiff
Prestige Pools Limited
First Defendant
Michael McGurk
Second Defendant
Procedural Posture
Registered Design Infringement (designs Act 1953) / Costs Application Following Liability Determination
Legal Issues
- 1 Whether Prestige should be ordered to pay 2B costs for the liability phase
- 2 Appropriate quantum of costs and disbursements
- 3 Effect of defendant's lack of opposition and solicitor withdrawal on the costs application
Ratio Decidendi
Because the claimant sought 2B costs consistent with the Court's earlier indication, the claim was unopposed, and the claimed amounts were orthodox and consistent with the complexity and time required, the Court ordered Prestige to pay 2B costs of $57,144 and disbursements of $29,176.16.
Court Disposition
Order for costs in favour of Watkins: Prestige ordered to pay 2B costs of $57,144 and disbursements of $29,176.16.
Orders
- Prestige Pools Limited to pay Watkins Manufacturing Corporation 2B costs in the amount of $57,144
- Prestige Pools Limited to pay Watkins Manufacturing Corporation disbursements in the amount of $29,176.16
Full Case Text
Judgment text and source record
1 paragraphs
WATKINS MANUFACTURING CORP v PRESTIGE POOLS LTD - Costs [2020] NZHC 1419 [23 June 2020]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2016-404-2671[2020] NZHC 1419UNDER the Designs Act 1953IN THE MATTER of registered design infringementBETWEEN WATKINS MANUFACTURINGCORPORATIONPlaintiffAND PRESTIGE POOLS LIMITEDFirst defendantMICHAEL MCGURKSecond defendantHearing: On the papersCounsel: JWS Baigent and J C Dickson for the plaintiffJudgment: 23 June 2020JUDGMENT OF JAGOSE J[Costs]This judgment was delivered by me on 23 June 2020 at 4.00pm.Pursuant to Rule 11.5 of the High Court Rules......................................................Registrar / Deputy RegistrarSolicitors/Counsel:Simpson Grierson, Auckland[1] My 18 April 2018 judgment – determining Prestige's liability (but not then itsquantum) to Watkins, and making injunctive and other orders – reserved costs pendingfurther steps to be taken in the proceeding.1 I expressed my preliminary view Prestigeshould be liable to pay 2B costs and disbursements to Watkins on the liability phase.2[2] In the event, Watkins abandoned determination of quantum. By memorandumof 23 March 2020, it seeks 2B costs in the amount of $57,144, plus disbursementsamounting to $29,176.16. Prestige's solicitors were unable to obtain instructions fromtheir client on the costs application and ultimately were given leave to withdraw.3[3] I am satisfied from counsel's memoranda Prestige knows of Watkins' costsapplication and of its solicitors' withdrawal. It has not filed any opposition to Watkins'costs claim. Prestige is unrepresented. The claim appears orthodox to me, andconsistent with my comprehension of the complexity of and time required for mattersat trial.[4] I order Prestige pay Watkins 2B costs in the amount of $57,144, anddisbursements amounting to $29,176.16.—Jagose J1 Watkins Manufacturing Corporation v Prestige Pools Limited [2018] NZHC 709, 131 IPR 353.2 At [41].3 Watkins Manufacturing Corporation v Prestige Pools Limited CIV 2016-404-2671 (Minute), 20June 2020.