Openyd Limited v G J Lawrence Dental Limited

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2018-485-267

[2018] NZHC 2018

UNDER section 244 of the Property Law Act 2007, Part 19 of the High Court Rules 2016 and common law

IN THE MATTER OF

an application for an order for possession of land

BETWEEN

OPENYD LIMITED

Applicant

AND

G J LAWRENCE DENTAL LIMITED

Respondent

Hearing: On the papers

Counsel:

C Griggs for the Applicant

R C Laurenson for the Respondent

Judgment:

9 August 2018

JUDGMENT OF COOKE J

(Costs)

[1] Memoranda have been filed by the parties on yet another difference between them, this time relating to the costs award made in my judgment of 3 July 2018, in which I ordered the respondent be awarded costs on a 2B basis.1

[2] First the applicant objects to the items claimed under paragraphs 11 and 12 of the Schedule for the preparation of a case management memorandum, and for the two case management appearances. Given that the memorandum indicated that the application for a stay would be made, and the appearances were involved thereafter to

1 Openyd Ltd v G J Lawrence Dental Ltd [2018] NZHC 1618.

OPENYD LTD v G J LAWRENCE DENTAL LTD [2018] NZHC 2018 [9 August 2018]

case manage the matter in light of this, they seem to me to be properly claimed as costs associated with the successful application. The respondent is accordingly entitled to them.

[3] The applicant also disputes the disbursement for bundle printing and binding in the amount of $440.25, which counsel for the applicant says should have been broadly equivalent to an earlier claim that it had made in the amount of $137.34. I see no reason to doubt that this disbursement was in fact incurred, or to find the cost was unreasonable, and accordingly it is also allowed.

[4] I conclude that by observing such minor differences associated with a costs award should have been resolved by discussion between counsel.

Cooke J

Solicitors:
Lawler & Co, Auckland
Gillespie Young Watson, Lower Hutt

CaseChat Overview and Summary

In the High Court of New Zealand, Wellington Registry, Openyd Limited sought an order for possession of land against G J Lawrence Dental Limited. The case was heard on the papers with submissions from both parties. The applicant contested certain costs awarded to the respondent in a previous judgment, specifically those related to the preparation of a case management memorandum and two case management appearances, as well as the cost of printing and binding a bundle. The respondent argued these costs were reasonably incurred and necessary given the successful application for a stay and subsequent case management proceedings.

The court examined the application for costs, considering the necessity and reasonableness of the expenses claimed. The judge allowed the costs associated with the preparation of the case management memorandum and the related appearances, finding them properly claimed as costs of the successful application. The judge also upheld the disbursement for bundle printing and binding, noting no reason to doubt its necessity or reasonableness. The judge concluded that any minor discrepancies in the costs awarded should have been resolved through discussion between the parties' counsel.

The court ruled in favour of the respondent, allowing all costs claimed, including those for the case management memorandum, the appearances, and the bundle printing and binding. The decision emphasised that such minor differences in costs should ideally be resolved between counsel through discussion.

The court made no further orders beyond those already outlined, concluding that the costs claimed by the respondent were reasonable and properly incurred in the context of the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	section 244 of the Property Law Act 2007, Part 19 of the High Court Rules 2016 and common law
IN THE MATTER OF	an application for an order for possession of land
BETWEEN	OPENYD LIMITED Applicant
AND	G J LAWRENCE DENTAL LIMITED Respondent