CO v Chief Executive, Ministry of Business, Innovation and Employment

[2018] NZHC 2247

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

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-001121

[2018] NZHC 2247

BETWEEN

CO

Applicant

AND

CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND

EMPLOYMENT

Respondent

CIV-2017-404-001122

BETWEEN

CO

Applicant

AND

IMMIGRATION AND PROTECTION TRIBUNAL

First Respondent

CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND
EMPLOYMENT

Second Respondent

Hearing:

On the papers

Counsel:

Applicant in person

N Copeland for Respondents

Judgment:

29 August 2018

COSTS JUDGMENT OF WHATA J

CO v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2018] NZHC 2247 [29 August 2018]

This judgment was delivered by me on 29 August 2018 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:          Meredith Connell, Auckland

[1]    On 14 March 2018, I issued a judgment declining CO’s application for leave to both judicially review and appeal a decision of the Immigration and Protection Tribunal. The second respondent, the Chief Executive of the Ministry of Business, Innovation, and Employment, now seeks costs.

[2]    As a successful party, the respondent is prima facie entitled to costs.1 There has been no memorandum filed by the appellant as to why costs should not follow the event.

[3]Costs are therefore granted, with quantum to be approved by the Registrar.

1      High Court Rules 2016, r 14.2(1)(a).