Ericson v Chief Executive, Department of Corrections

[2015] NZHC 2270

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2014-409-000175 [2015] NZHC 2270

BETWEEN

JOHN FREDERICK ERICSON

Applicant

AND

CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS

Respondent

Hearing:	On the papers
Counsel:	Applicant in person K M Muller for Respondent
Dateof Minute:	18 September 2015

JUDGMENT OF DUNNINGHAM J (RE COSTS DECISION)

[1]      On 27 May 2015, I gave judgment dismissing the applicant’s application for judicial review.   Costs were reserved, and a timetable for exchange of costs memoranda was given.

[2]      While there was some confusion as to the timing of when the applicant was served  with  the  respondent’s  costs  memorandum,  that  has  been  addressed,  and Mr Ericson   acknowledges   he   has   now   been   served   with   the   respondent’s memorandum relating to costs.

[3]      This was a straight forward application and the respondent acknowledges that it is appropriate for costs to be awarded on a 2B basis.   The proceeding was of average complexity.   It required the production of several affidavits, as well as submissions  on  issues  of  law,  relating  to  the  scope  of  the  Chief Executive’s

obligations to provide rehabilitative interventions to prisoners.

ERICSON v CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS [2015] NZHC 2270 [18 September 2015]

[4]      The respondent therefore seeks costs on a 2B basis which, as set out in a schedule to the respondent’s submissions, comprise costs of $19,800.50 and disbursements of $762.30.

[5]      Regrettably, Mr Ericson has not engaged on the issue of whether a 2B costs award is appropriate.   Instead in what is described as his memorandum on costs dated 15 September 2015 he has simply recorded:

I have forwarded this case file to the Petition’s Team Geneva, Switzerland, for Violations of my Right’s by Dunningham J and the Crown Law Office! (sic)

[6]      In the absence of any information to justify a departure from the standard approach to the award of costs, costs are awarded to the respondent on a 2B basis plus disbursements totalling $762.30, as particularised in Schedule A attached to the costs memorandum for the respondent dated 3 July 2015.

Solicitors:

Crown Law, Wellington

Copy to: Applicant