Auckland City Council v Mawhinney

[2014] NZHC 3316

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2013-404-4227 [2014] NZHC 3316

BETWEEN

AUCKLAND CITY COUNCIL

Plaintiff

AND

PETER WILLIAM MAWHINNEY Defendant

Hearing:	On the papers
Judgment:	18 December 2014

JUDGMENT AS TO COSTS OF THOMAS J

This judgment was delivered by me on 18 December 2014 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date:………………………….

AUCKLAND CITY COUNCIL v MAWHINNEY [2014] NZHC 3316 [18 December 2014]

[1]      By  my  decision  dated  7  October  2014,  I  dismissed  Mr  Mawhinney’s

application for review of decisions of Doogue AJ.

[2]      Paragraph 37 of my decision says:

There would seem no reason why costs should not follow the event on a 2B basis.  If an agreement cannot be reached however, the Council is to file and serve a memorandum within 21 days of this decision.  Any response from Mr Mawhinney is to be filed and served 14 days thereafter.

[3]      I have received a memorandum of counsel for the Auckland Council.   The Council seeks scale costs and disbursements on a category 2B basis, totalling $6,130. The Council has sought those costs from Mr Mawhinney but he has failed to respond to the Council’s communications.  Mr Mawhinney has not filed a memorandum in response to that of the Auckland Council.

[4]      I am satisfied that costs on a 2B basis are appropriate and they are awarded accordingly.

Thomas J