Director of Serious Fraud Office v A Firm of Solicitors

[2007] NZCA 190

IN THE COURT OF APPEAL OF NEW ZEALAND

CA80/06
[2007] NZCA 190

BETWEENTHE DIRECTOR OF THE SERIOUS FRAUD OFFICE

Appellant

ANDA FIRM OF SOLICITORS

First Respondent

ANDTHE DISTRICT COURT AT AUCKLAND

Second Respondent

Court:Glazebrook, Hammond and Ellen France JJ

Counsel:K P McDonald QC for Appellant

J R Billington QC for First Respondent

R E Harrison QC for Interested Persons A and B

Judgment (on the papers):      11 May 2007 at 11 am

JUDGMENT OF THE COURT

A        The first respondent will have costs of $4,000 and usual disbursements.

BInterested persons A and B will collectively have costs of $4,000 and usual disbursements.

REASONS OF THE COURT

(Given by Hammond J)

[1]       This appeal was listed for a two day hearing before the above panel, on 8 and 9 May 2007.

[2]       On 7 May 2007 the appellant filed a Notice of Abandonment and the hearing did not proceed.  The appeal has been marked up, in the usual way, as having been abandoned.

[3]       Anticipating that there would be applications for costs, the appellant has asked the Court “to fix costs in the usual way”; has accepted that costs can be dealt with “on the papers”; and has made no further submissions.

[4]       The first respondent seeks costs, as do interested persons A and B.  For the latter, Mr R E Harrison QC submitted that whilst the appeal had been withdrawn in sufficient time to ensure that no court appearance was necessary, the withdrawal occurred at the very last moment and substantial time was spent in preparation.  Mr Harrison seeks an award of costs at a level of at least “half of the customary award for a one-day appeal”.  For the first respondent Mr Billington QC simply asks the Court to “fix costs”.

[5]       The appeal raised significant issues in which senior counsel were appropriately instructed.  Undoubtedly a good deal of preparation time would have been involved.  In the particular circumstances, the first respondent will have costs of $4,000 and usual disbursements; and interested persons A and B will also (collectively) have costs of $4,000 and usual disbursements.

Solicitors:
Serious Fraud Office, Auckland for Appellant
Brown & Sargent Lawyers, Auckland for First Respondent
Crown Law Office, Wellington for Second Respondent
Jeremy Bioletti, Auckland for Interested Persons A and B