Forrest v Visiting Justice, Christchurch Prison HC Christchurch CIV 2010-409-975

[2010] NZHC 1269

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2010-409-000975

UNDER  Sections 4 and 8 of the Judicature

Amendment Act 1972

BETWEEN  BRENDON DOUGLAS FORREST Plaintiff

ANDTHE VISITING JUSTICE, CHRISTCHURCH PRISON First Defendant

ANDDEPARTMENT OF CORRECTIONS Second Defendant

Judgment:      14 July 2010

JUDGMENT OF HON. JUSTICE FRENCH As to Costs

[1]      In my decision of 22 June 2010, I dismissed Mr Forrest’s application for interim orders.

[2]      The successful second defendant now seeks costs on a 2A basis.

[3]      Mr Forrest opposes any application for costs being made on the grounds that he is a prison inmate and has no means of paying same.  He also submits that, in the circumstances, a High Court judicial review procedure was his only means of obtaining redress.

[4]      I am satisfied, notwithstanding Mr Forrest’s personal circumstances, that this is  an  appropriate  case  for  the  award  of  costs.    His  application  was  patently

unmeritorious, and it has put the second defendant to unnecessary cost.

FORREST V THE VISITING JUSTICE, CHRISTCHURCH PRISON AND ANOR HC CHCH CIV-2010-409-

000975  14 July 2010

[5]      I  therefore  grant  the  application  for  costs  on  a  2A  basis  in  the  sum  of

$2135.37.

Solicitors:

Crown Law Office, Wellington

Copy to Plaintiff