Aashi Ventures Limited v Police

[2024] NZHC 521

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2023-419-000324

[2024] NZHC 521

UNDER

the Sale and Supply of Alcohol Act 2012

IN THE MATTER OF

an appeal pursuant to s 162 against a decision of the Alcohol Regulatory and

Licensing Authority refusing to renew the off-licence for premises known as

“Smugglers Liquor Nawton”

BETWEEN

AASHI VENTURES LIMITED

Appellant

AND

NEW ZEALAND POLICE

First Respondent

MEDICAL OFFICER OF HEALTH (WAIKATO)
Second Respondent

SARAH THOMSON

Third Respondent

Hearing:	On the papers
Judgment:	12 March 2024

JUDGMENT OF DOWNS J

(Costs)

This judgment was delivered by me on Tuesday, 12 March 2024 at 12 pm

pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors/Counsel:

Harkness Henry, Hamilton. Buddle Findlay, Wellington.

Community Law Waikato, Hamilton. GJ Hewison, Auckland.

AASHI VENTURES LTD v POLICE [2024] NZHC 521 [12 March 2024]

[1]    Aashi Ventures Ltd1 failed to persuade me it should have a stay pending an appeal to this Court. Aashi responsibly acknowledges it is liable for costs in relation to the application. But, it argues these should be classified 2A rather than 2B because the application was determined on the papers and did not involve a significant level of complexity. This is correct. However, the application required a typical or “normal” amount of time, particularly given the evidence.2 So, Aashi is liable for 2B scale costs.

Result

[2]Aashi must pay the second and third respondent $5,846 each.

……………………………..

Downs J

1      Aashi.

2      High Court Rules 2016, r 14.5(2)(b).