IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE	
CIV-2018-463-108
[2019] NZHC 1562	

BETWEEN	TE WAIRUA O TE ORA TRUST (In
Liquidation) Applicant	
AND	MARIE STEWART
First Respondent	
AND	NGAIRE KATIPA
Second Respondent	
AND	JOHN HAPE
Third Respondent	
AND	LILAC RATU
Fourth Respondent	

On the papers		
Appearances:	G Slevin for Applicant (via AVL)	
Judgment:	4 July 2019	

COSTS JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 4 July 2019 at 4.00 pm Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

TE WAIRUA O TE ORA TRUST (In Liquidation) v STEWART [2019] NZHC 1562 [4 July 2019]

[1]	On 20 June 2019, following a formal proof hearing, I issued a judgment in which I made orders under s 52 of the Trustee Act 1956.1 I reserved the question of costs and have now received Mr Slevin’s memorandum on behalf of the applicant seeking costs against the first respondent only.

[2]	Where multiple parties to court proceedings are liable for costs, it is for the party entitled to costs to elect against whom an order for costs will be sought. In this case, there is no basis for the Court to question that decision.

[3]	I am satisfied that the amount claimed is consistent with the schedules for calculating costs and disbursements under the rules,2 and that there is no basis upon which the Court should reduce the costs payable.3

[4]	Accordingly, I direct the first respondent to pay to the applicant costs of
$12,376.50 and disbursements of $1,351.33, a total of $13,727.83.

..........................................
Toogood J

1	Te Wairua O Te Ora Trust (in liq) v Stewart & Ors [2019] NZHC 1420.
2	High Court Rules 2016, sch 2 and 3.
3	Rule 14.7.