Cy (Pakistan) v Refugee and Protection Officer

[2019] NZHC 1988

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-2261

[2019] NZHC 1988

UNDER

S 245 of the Immigration Act 2009

IN THE MATTER

of an application for leave to appeal

BETWEEN

CY (PAKISTAN)

Applicant

AND

REFUGEE AND PROTECTION OFFICER

Second Respondent

CIV-2018-404-2259

BETWEEN

CY (PAKISTAN)
Applicant

AND

IMMIGRATION AND PROTECTION TRIBUNAL

First Respondent

REFUGEE AND PROTECTION OFFICER

Second Respondent

On the papers:	at Auckland
Judgment:	15 August 2019

JUDGMENT OF POWEL J

[Costs]

This judgment was delivered by me on 15 August 2019 at 3.30 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

CY (PAKISTAN) v REFUGEE AND PROTECTION OFFICER [2019] NZHC 1988 [15 August 2019]

[1]    On 24 July 2019 the applicant sought to withdraw these two applications; an application for leave to appeal a decision of the Immigration and Protection Tribunal, and an application for leave to commence judicial review proceedings. By minute dated 24 July 2019, Hinton J noted the proceedings had been discontinued. The respondent now seeks costs and counsel for the applicant has confirmed she does not wish to be heard on the application.

Costs sought

[2]    The respondent simply seeks costs on a 2B basis in respect of the two applications adjusted slightly to reflect the actual costs incurred by the respondent.

Discussion

[3]    As noted, no issue has been taken by the applicant with the quantum of costs sought and I can see no basis upon which the order should not be made.

[4]    The respondent is entitled to costs against the applicant in CIV-2018-404-2259 and CIV-2018-404-2261 in the sum of $11,087.90 plus disbursements of $330.43, a total of $11,418.33.

Powell J