Collins v Northland Regional Council
[2013] NZHC 3551
•20 December 2013
IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CIV-2012-488-000834 [2013] NZHC 3551
UNDER the Judicature Amendment Act 1972
IN THE MATTER of an application for review of various decisions under the Resource Management Act 1991 not to publicly notify or serve notice of a resource consent application
BETWEEN MICHAEL COLLINS and ROBERTA COLLINS
First Applicants
PETER WILLIAM RICHARDS Second Applicant
NEVILLE COLIN THORNE Third Applicant
MARK CAMERON GURR and HEATHER ANGELA GURR Fourth Applicants
ANDNORTHLAND REGIONAL COUNCIL First Respondent
WHANGAREI DISTRICT COUNCIL Second Respondent
Hearing: on the papers
Counsel: SM O'Sullivan for Applicants
GJ Mathias for Second Respondent
Judgment: 20 December 2013
JUDGMENT OF ASHER J (Costs)
This judgment was delivered by me on Friday, 20 December 2013 at 3.00 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
COLLINS v NORTHLAND REGIONAL COUNCIL [2013] NZHC 3551 [20 December 2013]
[1] I thank counsel for their memoranda. They seek me to determine a single issue in relation to the costs award arising out of the decision of 15 November 2013.
[2] The dispute is as to the witnesses expenses of two experts called on behalf of the second respondent, Messrs Jamieson and Blackburn. They have charged $9,775 and $8,970 respectively.
[3] Although these invoices come to somewhat higher figures than those for the applicants, they seem to me on the face of matters to be reasonable. Both experts had a considerable amount of material to consider. There is nothing to indicate that their calculations of time or charge-out rates are unreasonable.
[4] Therefore, I rule that the second respondent is entitled to full recovery of the witnesses expenses set out in paragraph 4 of the memorandum of counsel as to costs dated 29 November 2013.
……………………………..
Asher J
Solicitors/Counsel:
Thomson Wilson, Whangarei. DLA Phillips Fox, Wellington.
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