Commissioner of Police v Bateman aka Hitchcock

[2021] NZHC 980

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-1298

[2021] NZHC 980

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

STEPHEN LESTER BATEMAN (AKA STEPHEN LESTER HITCHCOCK)

Defendant

Hearing:	On the papers
Counsel:	R S Ching for Applicant T Clee for Respondent
Judgment:	5 May 2021

COSTS JUDGMENT OF WHATA J

This judgment was delivered by me on 5 May 2021 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.

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

Solicitors:           Meredith Connell, Auckland

COMMISSIONER OF POLICE v BATEMAN [2021] NZHC 980 [5 May 2021]

[1]    In my judgment of 2 March 2021, I granted restraining orders in relation to specified property, pursuant to ss 24 and 25 of the Criminal Proceeds (Recovery) Act 2009.1 The Commissioner seeks costs on that application. As foreshadowed in my judgment (at [17]), I consider that the Commissioner has been largely successful and should have his costs on a 2B basis, together with disbursements, against the respondent. The Commissioner notes, however, that while a costs award may be available against Mr Hunt, one is not sought. The Commissioner notes, and I agree, that Mr Hunt’s involvement in the proceedings was relevantly limited and related to only one item of property subject to the Commissioner’s application for restraining and effective orders. It is also  noted that  Mr Hunt’s  opposition  was  inherent  in Mr Hitchcock’s case.

[2]    On the basis of the foregoing, I am satisfied that the Commissioner should have his costs in the sum of $17,925.

1      Commissioner of Police v Bateman [2021] NZHC 338.