BR (Bangladesh) v Chief Executive, Ministry of Business, Innovation and Employment

In the High Court of New Zealand, the case of BR (Bangladesh) v Chief Executive, Ministry of Business, Innovation and Employment involved the applicants seeking leave to appeal and to bring judicial review proceedings against the decision of the Immigration and Protection Tribunal. The second respondent, the Chief Executive, Ministry of Business, Innovation and Employment, sought costs against the applicants for opposing their applications. The applicants argued for a reduction in costs and time to pay, citing personal financial difficulties and the absence of public interest reasons.

The legal issue before the court was whether the applicants' personal financial difficulties provided a valid reason to depart from the general rule that costs should follow the event. The court considered the broad exception in rule 14.7(g) of the High Court Rules, which allows for the reduction of costs if some other reason justifies the court taking that step. The applicants argued that their inability to pay and the specific nature of their circumstances warranted a reduction in costs. The court examined whether the applicants had provided sufficient evidence of their financial position and whether their arguments provided a legitimate reason for a reduction.

The court found that the applicants' arguments did not provide a basis for departing from the general principle regarding costs. The judge noted that accepting the applicants' position would create a precedent of potentially wide application, which would not be justified given the specific provisions of the rules. Furthermore, the applicants had not provided evidence of their financial position, which would have been necessary to support their request for reduced costs. The court concluded that the applicants' circumstances did not justify a departure from the general rule and awarded the second respondent the full amount of costs calculated.

The court ordered that the second respondent was entitled to the sum of $7,136.00 in category 2B costs and $270.00 in disbursements. The applicants were not granted a reduction in costs or an extended time to pay.