Burmester v Norsand Limited

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CIV-2019-488-111

[2020] NZHC 2467

BETWEEN
PETER BURMESTER

Appellant

AND

NORSAND LIMITED

Respondent

Hearing: On the papers

Appearances:

Appellant in person

M Ridgley for Respondent

Judgment:

22 September 2020

JUDGMENT OF LANG J

[on costs]

This judgment was delivered by me on 22 September 2020 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

Solicitors:
Thomson Wilson, Whangarei

BURMESTER v NORSAND LIMITED [2020] NZHC 2467 [22 September 2020]

[1] On 5 August 2020 I issued a judgment dismissing an appeal by Mr Burmester against the decision given by Judge G M Harrison in the District Court on 5 December 2019.1

[2] I have now received the memoranda filed by counsel for the respondent and by Mr Burmester in relation to the issue of costs. The respondent seeks costs on a Category 2B basis together with disbursements. Mr Burmester opposes any award of costs being made.

[3] The respondent was plainly the successful party and should receive an award of costs. With two exceptions, I award the respondent costs on a Category 2B basis for the steps set out in the memorandum of counsel for the respondent dated 14 August 2020.

[4] The first exception is that I decline to allow costs in relation to the preparation of written submissions in opposition to Mr Burmester’s interlocutory application seeking leave to adduce fresh evidence. From my reading of the file, that application was never timetabled through to a separate hearing. Rather, all matters were heard at the substantive hearing. I am satisfied an award of three days to cover all written submissions is sufficient. Secondly, I do not recall any case on appeal having been filed. Rather, it was necessary for me to rely on the material contained in the District Court file together with that filed in support of the appeal. I therefore decline to grant costs in relation to the preparation of the case on appeal.

Lang J

1 Burmester v Norsand Ltd [2020] NZHC 1945.

CaseChat Overview and Summary

In the High Court of New Zealand, the case of Burmester v Norsand Limited was heard and decided by Lang J on 22 September 2020. The appeal was brought by Mr Peter Burmester against the decision of Judge G M Harrison in the District Court, which was handed down on 5 December 2019. The appeal related to a matter of costs following the dismissal of the appeal by Lang J on 5 August 2020.

The legal issues before the court were whether the respondent, Norsand Limited, should be awarded costs on a Category 2B basis, and if so, the extent of those costs. Norsand Limited sought costs for various steps taken in the proceedings, including the preparation of written submissions in opposition to Mr Burmester's interlocutory application seeking leave to adduce fresh evidence. Mr Burmester opposed the award of costs, arguing that they should not be granted to the respondent.

Lang J determined that Norsand Limited was the successful party and should receive an award of costs. However, the court made two exceptions to the award of costs on a Category 2B basis. Firstly, the court declined to allow costs in relation to the preparation of written submissions in opposition to Mr Burmester's interlocutory application, as it was never timetabled through to a separate hearing and all matters were heard at the substantive hearing. The court found that an award of three days to cover all written submissions was sufficient. Secondly, the court did not grant costs in relation to the preparation of the case on appeal, as it was necessary for the court to rely on the material contained in the District Court file together with that filed in support of the appeal, rather than any case on appeal having been filed.

In summary, the court awarded Norsand Limited costs on a Category 2B basis, with two exceptions. The court declined to allow costs in relation to the preparation of written submissions in opposition to Mr Burmester's interlocutory application and the preparation of the case on appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established