BC (Philippines) v Immigration and Protection Tribunal

[2018] NZHC 3019

NOTE: THE CONFIDENTIALITY OF THE NAME OR IDENTIFYING PARTICULARS OF THE APPELLANT AND OF HIS CLAIM OR STATUS

MUST BE MAINTAINED PURSUANT TO S 151 OF THE IMMIGRATION ACT 2009. SEE

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000296

[2018] NZHC 3019

BETWEEN

BC (Philippines) Applicant

AND

IMMIGRATION AND PROTECTION TRIBUNAL

First Respondent

THE REFUGEE AND PROTECTION OFFICER

Second Respondent

Hearing:	On the papers
Judgment:	21 November 2018

JUDGMENT OF WYLIE J [COSTS]

This judgment was delivered by Justice Wylie On 21 November 2018 at 10.00am

Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors/counsel:

Auckland Community Law Centre, Auckland Crown Law, Wellington

BC (Philippines) v IMMIGRATION AND PROTECTION TRIBUNAL [2018] NZHC 3019 [21 November 2018]

[1]                 I refer to my reserved judgment issued on 19 October 2018.1 I declined BC’s application for leave to appeal and recorded that the second respondent – the Refugee and Protection Officer – was entitled to costs on a 2B basis, and to reasonable disbursements.2 I put in place provision for the exchange of memoranda in the event that there was any disagreement regarding costs.3

[2]                 I have received a memorandum from counsel for the Refugee and Protection Officer. They advise that they provided BC with a schedule of costs and disbursements which were sought, but that counsel appearing for BC was unable to obtain instructions from her client.

[3]                 The time fixed for the filing of a response by BC has now expired. The Refugee and Protection Officer seeks orders on a 2B basis, in the sum of $9,700.50. In addition, disbursements for one counsel only are sought. Disbursements total

$1,117.72.

[4]                 I am satisfied that the costs and disbursements sought are appropriate, and that the costs have been properly calculated on a 2B basis, in accordance with the High Court Rules. Accordingly, I make an order for costs and disbursements against BC and in favour of the Refugee and Protection Officer in the sum of $10,818.22.

Wylie J

1      BC (Philippines) v Immigration and Protection Tribunal [2018] NZHC 2722.

2      At [38]-[39].

3 At [39].