Colman v Attorney-General

[2012] NZHC 1670

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV-2011-488-723
CIV-2011-488-724
CIV-2011-488-726

CIV-2011-488-727 [2012] NZHC 1670

BETWEEN  JOHN COLMAN Appellant

ANDTHE ATTORNEY-GENERAL Respondent

Hearing:         By memoranda

Counsel:         Appellant in person

J Catran for Respondent

Judgment:      12 July 2012

JUDGMENT OF LANG J [on costs]

This judgment was delivered by me on 12 July 2012 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

JOHN COLMAN V THE ATTORNEY-GENERAL HC WHA CIV-2011-488-723 [12 July 2012]

[1]      On 14 June 2012, I dismissed seven appeals filed by Mr Colman against orders made by Judge de Ridder striking out proceedings in the District Court.[1]    I allowed one appeal, in CIV-2011-088-195, and reserved the issue of costs.

[1] Colman v The Attorney-General  [2012] NZHC 1343 HC Whangarei CIV-2011-488-723, 14 June 2012.

[2]      The parties have been unable to reach agreement regarding that issue.   For that reason I am now required to determine it.

[3]      The general principle is that the unsuccessful party should be required to contribute to the costs of the successful party.[2]   The Attorney-General was clearly the successful party in this case, because he succeeded in respect of seven of the eight appeals.  For that reason I am satisfied Mr Colman should be required to contribute to the Attorney-General’s costs.

[2] High Court Rules, r 14.2(a).

[4]      Costs on a Category 2B basis amount to $2,632.00.  The Attorney-General has also incurred disbursements totalling $1,418.89, although I note that a GST component has been added to these and I am not sure whether that is appropriate.

[5]      I propose to make an allowance for the fact that Mr Colman succeeded in relation to one appeal.  I propose to do this by reducing the award of costs in favour of the Attorney-General by 15 per cent.

[6]      The Attorney-General  is  accordingly  entitled  to  costs  as  claimed  in  his counsel’s  memorandum  dated  4  July  2012  less  15  per  cent.    Counsel  for  the Attorney-General is also to provide the Registrar with supporting receipts to confirm

the expenditure on disbursements.

Lang J

Solicitors:

Crown Law, Wellington

Copy to: Appellant