Dokad Trustees Limited v Auckland Council
[2022] NZCA 376
•12 August 2022 at 3.00 pm
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA708/2021 [2022] NZCA 376 |
| BETWEEN | DOKAD TRUSTEES LIMITED |
| AND | AUCKLAND COUNCIL |
| Counsel: | No appearance for Appellant |
Judgment: | 12 August 2022 at 3.00 pm |
JUDGMENT OF GODDARD J
The appellant must pay costs of $717 to the first respondent.
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REASONS
This appeal was deemed abandoned under r 43 of the Court of Appeal (Civil) Rules 2005 (Rules) on 1 July 2022.
The first respondent (the Council) seeks costs in respect of four memoranda filed on its behalf in relation to security for costs and various matters dealt with in my judgment of 11 May 2022.[1] The Council seeks costs for a standard application on a band A basis for each of the four memoranda. The default provision in the Rules for a reasonable time for a memorandum in opposition is 0.2 days. The prescribed daily rate is $2,390 per day. So the Council seeks four awards of $478 per memorandum, which would result in a total costs award of $1,912.
[1]Dokad Trustees Ltd v Auckland Council [2022] NZCA 177.
The Council’s memoranda advanced a number of points at some length, with varying degrees of success. The Council advanced unsuccessful arguments in relation to whether leave was required to bring the appeal, and compliance with r 30 of the Rules. The Council made successful arguments in relation to security for costs and representation of the appellant. Plainly the Council should not be awarded costs in respect of the unsuccessful points advanced by it. The points that were successful could have been made very briefly in memoranda that took much less time to prepare than the 0.2 day default allowance for filing memoranda in opposition provided for in the Rules.
The Council has been put to some cost by this appeal, which has been deemed abandoned. A modest award of costs is appropriate. But I am not persuaded that an award of costs at the level sought can be justified having regard to the mixed outcome that resulted from the Council’s memoranda, and the relative simplicity of the points that were successfully advanced. The just outcome overall is an award of costs for 0.3 days, giving a total award of $717.
The appellant must pay costs of $717 to the Council.
Solicitors:
Auckland Council, Auckland for First Respondent
Crown Law Office, Wellington for Second Respondent
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