F v Minister of Internal Affairs

F applied for judicial review of a decision of the Minister of Internal Affairs to cancel his New Zealand passport. The Minister revoked the decision before the hearing and the proceeding was discontinued. F sought costs on a scale 2B basis for the steps taken to commence the proceeding, prepare for and attend a case management conference, and prepare an affidavit. The Minister opposed the award of costs on the basis that the proceeding was not finally determined and there is no successful party who is entitled to costs. The court considered whether the presumption under rule 15.23 of the High Court Rules that a plaintiff who discontinues a proceeding against a defendant must pay costs to the defendant, could be displaced in the circumstances of this case. The court held that it would be just in the circumstances of this case not to apply the presumption. The court was reluctant to evaluate the merits of the parties' cases unless the merits of their respective positions was obvious and should affect the costs outcome. The court found that the Minister acted properly in deciding to review F's circumstances after taking into account the renewed security assessment provided by the New Zealand Security Intelligence Service. The court held that in these finely balanced circumstances, the appropriate course was to let the costs lie where they fall.

The court found that each party shall bear their own costs.