Dunstan v Ministry of Social Development

[2023] NZHC 796

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-1871

[2023] NZHC 796

BETWEEN

TANYA FELICITY DUNSTAN

Plaintiff

AND

MINISTRY OF SOCIAL DEVELOPMENT

Defendant

Hearing:	On the papers at Auckland
Judgment:	18 April 2023

JUDGMENT (NO.3) OF POWELL J

[Costs]

This judgment was delivered by me on 18 April 2023 at 3.00 pm pursuant to

R 11.5 of the High Court Rules

…………………..

Registrar/Deputy Registrar

TANYA FELICITY DUNSTAN v MINISTRY OF SOCIAL DEVELOPMENT [2023] NZHC 796 [18 April 2023]

[1]                 On 15 December 2022, I struck out proceedings brought by Tanya Dunstan in relation to a hearing conducted by the Benefits Review Committee on behalf of the Ministry of Social Development (“the Ministry”).1

[2]                 During the hearing the Ministry indicated that it sought costs on a 2B basis. I held that costs would be determined on the papers and set out a timetable for the filing of submissions.2

[3]                 The Ministry subsequently advised it did not seek costs, but Ms Dunstan in turn indicated that she wished the costs issue to be determined.

[4]                 For completeness I therefore confirm that as the successful party did not seek costs, costs are to lie where they fall.

Powell J

1      Dunstan v Ministry of Social Development [2022] NZHC 3319.

2 At [21].