Coromandel Marine Farmers Association (Inc) v Waikato Regional Council HC Auckland CIV 2006-419-000877

[2008] NZHC 2293

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2006-419-000877

UNDERThe Declaratory Judgments Act 1908 and the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004

IN THE MATTER OF     an application for a declaratory judgment

by COROMANDEL MARINE FARMERS ASSOCIATION (INC)

CIV 2006-404-007466

AND UNDER                 Resource Management Act 1991

IN THE MATTER OF     an appeal under s299 of the Act

BETWEEN  COROMANDEL MARINE FARMERS ASSOCIATION INC

Appellant

ANDWAIKATO REGIONAL COUNCIL Respondent

CIV 2006-404-007598

AND UNDER                 The Resource Management Act 1991

IN THE MATTER OF     an additional appeal on points of law under s305 of the Act

BETWEEN  THE AUCKLAND YACHT AND BOATING ASSOCIATION INC Appellant

ANDWAIKATO REGIONAL COUNCIL First Respondent

COROMANDEL MARINE FARMERS V WAIKATO REGIONAL COUNCIL HC AK CIV 2006-419-000877

30 April 2008

ANDCOROMANDEL MARINE FARMERS ASSOCIATION INC

Second Respondent

ANDI AND M JAMES Third Respondent

Hearing:         On the Papers

Appearances: J K MacRae and A Buchanan for Coromandel Marine Farmers

Association Inc.
K Parker for Waikato Regional Council
P T Cavanagh QC for I and M James
R B Brabant and J C Brabant for Auckland Yacht and Boating

Association Inc. Judgment:      30 April 2008

JUDGMENT (No.2) OF COOPER J ON COSTS

This judgment was delivered by Justice Cooper on

30 April 2008 at 9.30 a.m., pursuant to r 540(4) of the High Court Rules

Registrar/Deputy Registrar

Date:

Solicitors:

DLA Phillips Fox, PO Box 160, Auckland

Tompkins Wake, PO Box 258, Hamilton McVeagh Fleming, PO Box 4099, Auckland Copies to:

P T Cavanagh QC, PO Box 4338, Shortland Street, Auckland

RB & JC Brabant< PO Box 106-215, Auckland

2

[1]      Following my judgment of 7 March 2008 there is an outstanding issue as to costs between Mr and Mrs James and the Coromandel Marine Farmers Association (Inc.).

[2]      Counsel for Mr and Mrs James has sought an award in the sum of $6,400, but counsel for the Association claims that only $4,800 should be payable.  The claim made by Mr and Mrs James for $6,400 includes amounts (in each case on the basis that the time spent was .6 of a day) for interlocutory steps concerning an application made by the Association under s 303 of the Resource Management Act concerning the record of the Environment Court hearing.

[3]      Counsel for the Association contends that the total amount of 1.8 days for preparing and filing opposition to the application, preparation for hearing and appearance at the hearing results in an inflated award having regard to the facts that:

a)       The  interlocutory  application  was  made  in  the  context  of  the Auckland Yacht and Boating Association Inc.’s separate appeal to this Court in respect of which Mr and Mrs James played only a minor part.

b)Their counsel filed a three paragraph notice of opposition to the application   which   simply   endorsed   the   grounds   of   opposition advanced in the Yacht and Boating Association’s notice.

c)       A four paragraph memorandum had been filed dated 1 June 2007 in which   counsel   for   Mr   and   Mrs   James   simply   supported   the submissions filed by counsel for the Yacht and Boating Association.

d)Counsel  for  Mr  and  Mrs  James  took  only  a  minor  part  in  the interlocutory hearing adopting the submissions of Mr Brabant.

[4]      The suggested award in the sum of $4,800 was based on reducing the time allowed for preparation and filing notice of opposition, and preparation for hearing

of the defended application to .2 days in each case and appearance at the hearing of the defended interlocutory application to .4 days.

[5]      I have not received any further memorandum from counsel for Mr and Mrs James, but on the face of it the points made by counsel for the Coromandel Marine Farmers Association (Inc.) have merit.

[6]      In the circumstances I award the sum of $4,800 as the costs payable by the

Coromandel Marine Farmers Association (Inc.) to Mr and Mrs James.