Edwards v District Court at Lower Hutt

[2017] NZHC 2036

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2016-485-000527 [2017] NZHC 2036

UNDER

Part 18 of the Judicature (High Court

Rules) Amendment Act 2008 and under the Declaratory Judgments Act 1908

IN THE MATTER OF

an Application for Declaratory Judgments

BETWEEN

JOHN ANTHONY EDWARDS Plaintiff

AND

THE DISTRICT COURT AT LOWER HUTT

First Defendant

THE PRIVACY COMMISSIONER Second Defendant

WESTPAC NEW ZEALAND LIMITED Interested Party

Hearing:	24 August 2017
Counsel:	Plaintiff in person No appearance for First Defendant No appearance for Second Defendant M V Robinson for Westpac New Zealand Ltd
Judgment:	24 August 2017

JUDGMENT OF COLLINS J

[1]      Mr Edwards’ application for judicial review, and for a declaration was called

before me in open court on 24 August 2017.

[2]      At the outset of the hearing Mr Edwards advised me that he wished to seek leave to discontinue his proceeding.

EDWARDS v THE DISTRICT COURT AT LOWER HUTT [2017] NZHC 2036 [24 August 2017]

[3]      I explained to Mr Edwards that by discontinuing his proceeding it would be struck out and his proceeding in the High Court would be at an end.  He confirmed to me that was his wish.

[4]      Mr Edwards’ application was not opposed by Mr Robinson on behalf of

Westpac New Zealand Ltd (Westpac).

[5]      Westpac was present as an interested party but did not seek costs.

[6]      I have granted Mr Edwards’ application to discontinue the proceeding.  It is

struck out. There are no orders as to costs.

D B Collins J

Solicitors:

Crown Law Office, Wellington for First Defendant

J Foster, Office of the Privacy Commissioner, Wellington for Second Defendant

Simpson Grierson, Auckland for Westpac New Zealand Ltd