Deliu v Hong

[2015] NZHC 1635

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-002664 [2015] NZHC 1635

UNDER

the Judicature Amendment Act 1972

IN THE MATTER

of an application for judicial review

BETWEEN

FRANCISC CATALIN DELIU Plaintiff

AND

BOON GUNN HONG First Defendant

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL

Second Defendant

On the papers
Judgment:	14 July 2015

JUDGMENT OF ANDREWS J [Costs]

This judgment was delivered by me on Tuesday, 14 July 2015 at 4:00 pm

pursuant to r 11.5 of the High Court Rules 1985.

Registrar/Deputy Registrar

……………………………………

DELIU v HONG [2015] NZHC 1635 [14 July 2015]

[1]      On  1  March  2015  I delivered  judgment  in  this  proceeding,  granting  the plaintiff’s  application  for  a  judicial  review  of  a  decision  of  the  New  Zealand Lawyers and Conveyancers Disciplinary Tribunal (“the Tribunal”).1

[2]      The parties have now submitted memoranda as to costs.   Mr Deliu sought scale costs on a 2B basis, together with disbursements as fixed by the Registrar. Mr Hong  submitted  that  Mr  Deliu  is  not  entitled  to  costs,  on  the  grounds  of Mr Deliu’s ulterior motives in pursuing a complaint to the Tribunal, and that the proceeding for judicial review was an abuse of the Court’s processes.

[3]      Mr Hong chose not to appear at the hearing of the application for judicial review.  Mr Deliu having succeeded in his application, he is entitled to an award of costs.   Mr Hong is ordered to pay costs to Mr Deliu on a 2B basis, together with disbursements as fixed by the Registrar.  I note that the hearing did not require more than half a day.

[4]      I note that Mr Hong has filed a further memorandum “updating the court”.

This is not relevant to the issue of costs, and accordingly does not require comment.

Andrews J

1      Deliu v Hong [2015] NZHC 492.