Cooke v Real Estate Agents Disciplinary Tribunal

[2014] NZHC 2808

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-0204 [2014] NZHC 2808

BETWEEN

K R COOKE

Plaintiff

AND

REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL First Defendant

AND

P HUMPHRIES Second Defendant

AND

B F ENGLAND Third Defendant

Hearing:	on the papers
Judgment:	12 November 2014

JUDGMENT AS TO COSTS OF THOMAS J

This judgment was delivered by me on 12 November 2014 at 1.00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date:………………………….

COOKE v REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL & ORS [2014] NZHC 2808 [12 November

2014]

[1]      Mr  Cooke  applied  for  judicial  review  against  the  Real  Estate  Agents Disciplinary Tribunal’s decision dismissing his appeal against the decision of the Complaints Assessment Committee.

[2]      In my decision dated 17 September 2014 I dismissed the application.1

[3]      The second and third defendants now seek costs on a category 2 band B basis.  Mr Cooke has not filed any submissions, advising the Court that he considers such an exercise would be futile.

[4]      I have considered  the  memorandum  of counsel  for the second  and  third defendants.   I am satisfied the costs sought have been calculated pursuant to the appropriate High Court Rules, analogous with general civil proceedings.  I note that as the second and third defendants had shared representation only one set of costs has been claimed.

[5]      I am satisfied that costs on a 2B basis are appropriate and an award is made for the sum of $13,731 as sought.

Thomas J

1      Cooke v Real Estate Agents Disciplinary Tribunal [2014] NZHC 2254.