Babulal v Chief Executive, Department of Labour HC Auckland CIV-2011-404-1773

[2011] NZHC 1452

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2011-404-1773

BETWEEN  YATISH SURESH BABULAL Plaintiff

ANDCHIEF EXECUTIVE, DEPARTMENT OF LABOUR

Defendant

Hearing:         On the papers

Counsel:         F C Deliu for plaintiff

A Longdill for defendant

Judgment:      31 October 2011 at 3:30 PM

JUDGMENT OF LANG J [on costs]

This judgment was delivered by me on 31 October 2011 at 3.30 pm, pursuant to Rule

11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

BABULAL V CHIEF EXECUTIVE, DEPARTMENT OF LABOUR HC AK CIV-2011-404-1773 31 October

2011

[1]      Following delivery of my substantive judgment on 29 September 2011,[1]  I

have now received memoranda from counsel in relation to the issue of costs.

[1] Babulal v Chief Executive, Department of Labour HC AK CIV-2011-404-1773, 29 September 2011.

[2]      Counsel for the defendant seeks costs on a Category 2B basis in accordance with the general principle that costs should follow the event.   The plaintiff argues that there was a public interest element to this litigation, and that an award of costs against a person in the plaintiff’s position could inhibit other potential litigants from having recourse to the courts in the future.  For that reason the plaintiff contends that costs should lie where they fall.

[3]      I am not satisfied that  there was a strong public  interest element in the litigation, although I accept that I was required to analyse the intensity of review to be applied with some care.  Ultimately, however, I followed the approach taken in other cases.

[4]      I  take  the  view  that  the  general  principle  should  prevail,  and  that  the defendant should be entitled to an award of costs in his favour.

[5]      I therefore make an order for costs in favour of the defendant in accordance with the calculations contained in paragraph 3 of the memorandum of counsel for the plaintiff  dated  3 October  2011,  together  with  disbursements  as  fixed  by  the

Registrar.

Lang J

Solicitors:

Amicus Lawyers, Auckland

Meredith Connell, Auckland