Chief Executive of the Department of Labour v Taito CA225/04

[2006] NZCA 458

IN THE COURT OF APPEAL OF NEW ZEALAND

CA225/04

CA54/05

BETWEEN  THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR Appellant

ANDTUI TAITO, ITANEI TAITO, PILUA TAITO, ANA TAITO, FAAFETAI TAITO, AND IULIANO TAITO Respondents

Hearing:         12 and 13 October 2005

Court:            William Young P, Chambers and Panckhurst JJ Counsel:      I C Carter, B Keith and K M Howard for Appellant

H N Ratcliffe and J A Sutton for Respondents

Judgment:      19 September 2006

Reasons:        19 September 2006 at 11 am

(COSTS) JUDGMENT OF THE COURT

The respondents must pay to the appellant costs in the sum of $6,000 plus usual

disbursements.

REASONS OF THE COURT

(Given by Chambers J)

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR V TAITO & ORS CA CA225/04 19

September 2006

[1]      On 8 February this year, we allowed the appeal of the Chief Executive of the Department of Labour.  We reserved costs. We said that, if they could not be agreed, memorandums might be filed.

[2]      Mr Carter, for the Chief Executive, has now applied for costs.  He said that he had attempted to agree informally on costs with the respondents’ counsel.   He said that the respondents’ counsel had made several unsuccessful attempts to contact her clients.  She had received no response and had no instructions.

[3]      Mr Carter submitted:

Nothing about these appeals warrants a departure from the presumption that costs follow the event.  There is no evidence before the court concerning the respondent’s ability to pay.   In any event, this factor does not affect entitlement to costs but is relevant only to enforcement.

[4]      We agree.  There will accordingly be an order for costs in the sum of $6,000, plus usual disbursements.

Solicitors:

Crown Law Office, Wellington, for Appellant

Otene & Lewis, Onehunga, Auckland for Respondents