HERALD WEEKLY ISSUE 570:29 June 2011

High Court orders Tepaki to pay $33,000 costs

While Tepaki has been ordered by the Civil Court to pay costs, he says the way is now open for him to pursue action in the Criminal Court against those he considers committed fraud against him.

Developer Tim Tepaki has been ordered by the High Court (Civil Division)to pay costs to seven defendants totaling $33,000.
The order is in a Judgment handed down by Justice Grice on 21 April 2011 NZ time.
The costs were awarded following wide ranging claims made by Tepaki (the plaintiff) against seven defendants which included allegations of fraud and conspiracy. The seven defendants were;
Rarotonga Resorts Management Ltd (first defendant)
Robin Eggleton (second defendant)
Kim Eggleton (third defendant)
Anne Mary Boys (fourth defendant)
Michael Innes Jones (fifth defendant)
Strategic Finance Ltd (in receivership and liquidation) (sixth defendant)
David Somerfield (seventh defendant)
Tepaki sought damages amounting to $66 million.
Counsel Tim Arnold appeared for the first to fourth defendants while Mr Akel and Mr Upton appeared for the fourth to seventh defendants.
Tepaki asked the court to investigate matters leading up to the receivership of his hotel resort development companies and compensate him for the losses resulting from the receiverships. The sixth defendant Strategic Finance Ltd (in receivership and liquidation) had appointed the receivers.
The defendants made applications for striking out. These applications were successful in relation to all the defendants except the first defendant. The defendants sought costs against Tepaki following the successful striking out applications.
The fifth, sixth and seventh defendants initially sought full indemnity costs amounting to $57,914.75 however Justice Grice, citing previous precedents, discounted the actual costs sought and set the costs at 60 % of the amount claimed making the costs $25,500.
The first, second, third and fourth defendants sought indemnity costs totaling $12,626 however, Justice Grice also discounted these to an amount 60% of that claimed, i.e. $7,500.
Tepaki’s submission in response to the claim for costs mirrored his submission in relation to the claim by the fifth to seventh defendants. That is the payment of legal costs to the defendants at this time is inappropriate as all defendants remain implicated in his case against the first defendant.
Tepaki also made various factual allegations concerning e-mails he sent to counsel Tim Arnold to which Arnold responded in his reply. Justice Grice said these latter submissions were of no relevance to the issue of costs.
The claim against the first defendant, Rarotonga Resorts Management Ltd, was not wholly successful in that the claim against it has not been struck out, but proceedings are stayed for the plaintiff (Tepaki) to re-draft the statement of claim in a proper form following the rules.
Tepaki represented himself in court and was advised a number of times by Justice Grice that the issues were very complex and that he should seek legal representation however, Tepaki declined to.
Tepaki advised the Herald on Tuesday evening that he is now considering pursuing action in the criminal court against Rarotonga Resorts Management Ltd.

Herald Issue 554 09 March
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- Norman George resigns from Cook Islands Party
- Letter of Resignation from CIP
- Norman selfish says Prime Minister

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