Baigent v Tasman District Council
[2019] NZHC 2551
•8 October 2019
IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY
I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE
CIV-2019-442-24
[2019] NZHC 2551
UNDER the Resource Management Act 1991 IN THE MATTER OF
an appeal under section 299 of the Act
against a final decision of the Environment Court issued 27 March 2019
BETWEEN
GARY BAIGENT
Appellant
AND
TASMAN DISTRICT COUNCIL
Respondent
On papers Judgment:
8 October 2019
JUDGMENT OF DOBSON J
[Costs]
[1] In my judgment dated 24 July 2019 dismissing this appeal, I invited the parties to agree costs.1
[2] By memorandum dated 31 July 2019, counsel for the respondent advised the Court that he had endeavoured to reach agreement with the appellant regarding the quantum of costs. A copy of the respondent’s proposed claim for costs was sent to counsel for the appellant on 24 July 2019, but no response had been received.
1 Baigent v Tasman District Council [2019] NZHC 1750 at [42].
BAIGENT v TASMAN DISTRICT COUNCIL [2019] NZHC 2551 [8 October 2019]
[3] In a memorandum dated 15 August 2019, Mr Bennion, counsel for the appellant, informed the Court that he had been unable to obtain instructions and did not anticipate getting any for at least another two weeks.
[4] Accordingly, on 23 August 2019 I extended the time for filing a memorandum in opposition to the respondent’s claim for costs until 6 September 2019.
[5] As no response was received, I issued a further minute on 27 September 2019 advising that I would proceed to settle costs in accordance with the respondent’s memorandum unless a memorandum on behalf of the appellant was received by
5.00 pm on 30 September 2019.
[6]As no memorandum from the appellant has been filed, I will now settle costs.
[7] The parties had previously agreed that the matter was appropriately categorised as 2B. The costs sought by the respondent comply with the High Court Rules 2016 and the disbursements appear to be reasonable.
[8] Accordingly, costs and disbursements in the amount of $11,285.67, as set out in the attached schedule, are awarded in favour of the respondent.
Dobson J
Solicitors:
Bennion Law, Wellington for appellant
Tasman Law Limited, Nelson for respondent
Schedule of Costs and Disbursements
Step Description Category Days Rate Total 53 Commencement of response to appeal 2B 0.50 $2,230 $1,115.00 10 Preparation for first case
management conference
2B 0.40 $2,230 892.00 11 Filing memorandum for first case management conference 2B 0.40 $2,230 892.00 56 Preparation of written
submissions
2B 3.00 $2,230 6,690.00 57 Appearance at hearing 2B 0.50 $2,230 1,115.00 Total costs $10,704.00 Disbursements Courier fees $ 10.00 Accommodation 224.63 Airfare 206.84 Taxi 95.20 Parking 21.00 Meals 24.00 Total disbursements $581.67 Total costs and disbursements $11,285.67
0