WESTMINSTER FINANCE LIMITED V MARAC FINANCE LIMITED CA CA509/2009
Costs awarded to the respondent where the appeal was abandoned; the stay application is treated analogously to a leave to appeal application under Rule 53 and costs assessed at that level with reduced time allowances (preparation as half day and appearance as quarter day) plus usual disbursements.
Source-derived case information.
- Citation
- openlaw-3496a5fd_9f7e_4a7f_8a38_5c80b8cf4208.pdf
- Parties
- Applicant: Westminster Finance Limited; Respondent: Marac Finance Limited
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 21 October 2009
- Procedural Posture
- Appeal (court of Appeal) Application for Stay/interim Relief / Post Judgment Costs Application Following Abandonment of Appeal
- Outcome
- Costs awarded to respondent Marac Finance Limited.
- Legal Topics
- Stay, Interim Relief, Costs on Abandonment, Leave to Appeal Analogy, Disbursements
Source-derived case record
Summary, issues, holding and outcome
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Parties
Westminster Finance Limited
Applicant
Marac Finance Limited
Respondent
Procedural Posture
Appeal (court of Appeal) Application for Stay/interim Relief / Post Judgment Costs Application Following Abandonment of Appeal
Legal Issues
- 1 Whether costs should be awarded following abandonment of an appeal
- 2 Whether an application for a stay is analogous to an application for leave to appeal for costs purposes
- 3 What scale and time allocations are appropriate for the costs award
Ratio Decidendi
Costs awarded to the respondent where the appeal was abandoned; the stay application is treated analogously to a leave to appeal application under Rule 53 and costs assessed at that level with reduced time allowances (preparation as half day and appearance as quarter day) plus usual disbursements.
Court Disposition
Costs awarded to respondent Marac Finance Limited.
Orders
- Costs to respondent assessed on the scale applicable to a standard application for leave to appeal under Rule 53, treating preparation time as half a day and the appearance as a quarter day.
- Usual disbursements awarded to the respondent.
Full Case Text
Judgment text and source record
1 paragraphs
WESTMINSTER FINANCE LIMITED V MARAC FINANCE LIMITED CA CA509/2009 21 October 2009IN THE COURT OF APPEAL OF NEW ZEALAND CA509/2009 [2009] NZCA 496BETWEEN WESTMINSTER FINANCE LIMITED Applicant AND MARAC FINANCE LIMITED Respondent Court: O'Regan, Arnold and Ellen France JJ Counsel: R B Hucker for Applicant D J Vizor for Respondent Judgment: 21 October 2009 2.30 pmJUDGMENT OF THE COURT We award costs to the respondent, calculated in accordance with [4] of the Reasons of the Court as well as usual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by O'Regan J)[1] In our judgment declining Westminster's application for a stay or interim relief ([2009] NZCA 395), we reserved costs. We said that, if the appeal was not proceeded with, Marac could apply for an award of costs in relation to the stay application. [2] We now have a memorandum from counsel for Marac, in which he seeks costs on Marac's behalf following the abandonment of Westminster's appeal. Westminster has been given an opportunity to file submissions but has not done so. [3] We are satisfied that an award of costs is appropriate in this case. [4] Rule 53 of the Court of Appeal (Civil) Rules 2005 provides for costs awards in relation to appeals and applications for leave to appeal. We see the application for stay as being broadly analogous to an application for leave to appeal. In those circumstances we award costs to Marac at a level which would have applied to a standard application for leave to appeal, but treating the allocated time for preparation for the hearing as half a day rather than a whole day, and treating the appearance itself as a quarter day rather than a half day. We also award usual disbursements.Solicitors: Hucker & Associates, Auckland for Applicant Bell Gully, Auckland for Respondent