IN THE SUPREME COURT OF NEW ZEALAND
SC 96/2006
[2008] NZSC 28
BETWEEN SOUTHBOURNE INVESTMENTS
LIMITED
Applicant
AND GREENMOUNT MANUFACTURING
LIMITED
Respondent
Court: Blanchard, Tipping, McGrath and Anderson JJ
Counsel: J G Miles QC and S A Grant for Appellant
T Herbert for Respondent
Judgment: 17 April 2008
JUDGMENT OF THE COURT
The costs award made on the summary judgment application in the
High Court in favour of the applicant is set aside and it is ordered
that all costs pertaining to the High Court hearing of the summary
judgment application be reserved pending the outcome of the
litigation and then determined by the High Court.
REASONS
[1] When this Court gave judgment on 2 August 20071 it noted at para [27] of its
decision that Greenmount had not had its appeal against the costs awarded by the
Associate Judge in favour of Southbourne determined. The Court gave leave for
memoranda to be filed in relation to that question. This has now been done.
[2] In circumstances in which the Associate Judge refused Greenmount’s
application for summary judgment on grounds differing from the ground on which
1 Southbourne Investments Ltd v Greenmount Manufacturing Ltd [2008] 1 NZLR 30.
that decision was ultimately sustained in this Court, we consider that it is not
appropriate that the costs award made by the Associate Judge should stand.
[3] The question of costs on the summary judgment application should be
revisited by the High Court after the outcome of the proceeding has been determined
at trial.
Solicitors:
Foley & Hughes, Auckland for Appellant
LeeSalmonLong, Auckland for Respondent