Cullen v Chief Executive of the Ministry of Health

[2018] NZHC 1137

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-1750

[2018] NZHC 1137

BETWEEN

RHYS MICHAEL CULLEN

Applicant

AND

THE CHIEF EXECUTIVE OF THE MINISTRY OF HEALTH

Respondent

Hearing:

[On the papers]

Appearances:

D R M Cullen in Person

S P Jerebine and T C Burgess for Respondent

Judgment:

21 May 2018

COSTS JUDGMENT OF JAGOSE J

This judgment is delivered by me on 21 May 2018 at 4.30 pm pursuant to r 11.5 of the High Court Rules.

.....................................................

Registrar / Deputy Registrar

Solicitors:

Crown Law, Wellington Applicant:

CULLEN v THE CHIEF EXECUTIVE OF THE MINISTRY OF HEALTH [2018] NZHC 1137 [21 May 2018]

[1]                 My 20 April 2018 judgment took the preliminary view Dr Cullen should be liable to pay 2B costs to the respondent, including for two counsel, and actual and reasonable disbursements as certified by the Registrar. I reserved costs to be determined on memoranda to be filed in accordance with a specified timetable, if my preliminary view was not accepted by either party and costs could not otherwise be agreed between them.

[2]                 The Chief Executive seeks $29,680.45 in costs and disbursements, calculated in accordance with my preliminary view. Dr Cullen’s view is unknown. He has not responded to the Chief Executive’s communication of its claim to obtain his agreement. He has not filed anything in response to the Chief Executive’s memorandum, the time for responding to which in accordance with the timetable has expired.

[3]                 I have reviewed the Chief Executive’s claimed costs and disbursements, set out at the Schedule to the Chief Executive’s memorandum. They are a conservative calculation of 2B scale costs in the proceeding.

[4]                 I order Dr Cullen to pay to the Chief Executive costs and disbursements in the amount of $29,680.45.

—Jagose J