Grant v Attorney-General - [2023] NZHC 1643

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2020-442-38

[2023] NZHC 1643

BETWEEN
SAMANTHA JANE GRANT

Plaintiff

AND

THE ATTORNEY-GENERAL

Defendant

Hearing: On the papers

Judgment:

29 June 2023

JUDGMENT OF ISAC J

[Costs]

Introduction

[1] In 2020, Ms Grant commenced a wide-ranging proceeding against the Attorney-General.

[2] In a judgment of 8 July 2021, I struck out all but one aspect of her claim.1 I found that Ms Grant was seeking to relitigate matters finally determined in other proceedings or was advancing claims that were legally untenable. The one surviving aspect of her pleading was a claim that she was unlawfully detained with sentenced prisoners while on remand. I directed Ms Grant to amend her pleading and reminded her “that she is only to focus on this aspect of her proceeding, as her other claims have been struck out”.2

1 Grant v Attorney-General [2021] NZHC 1700.
2 At [93].

GRANT v ATTORNEY-GENERAL [2023] NZHC 1643 [29 June 2023]

[3] Ms Grant subsequently filed amended pleadings which, contrary to my direction, sought to reintroduce many of the claims I had previously struck out. This led the defendant to renew his application for an order striking out the plaintiff’s claim in its entirety.

[4] In a judgment of 8 June 2023, I again struck out the entirety of Ms Grant’s claim, except that aspect relating to her treatment as a remand prisoner (the one part of her claim that survived strike out in 2021).3 I found that the remaining claims, in addition to having previously been struck, sought to relitigate allegations which had already been finally determined, were incomprehensible, or named the wrong defendant.4

[5] Given the defendant’s substantial success in the strike out application, I noted that I was minded to grant him costs on a 2B basis.5 The parties were unable to agree on the question of costs and filed memoranda.

[6] The Attorney-General now seeks scale costs on a 2B basis of $15,294.77. The claim covers steps relating to both the first strike out hearing in 2021 and the renewed application in 2023. These costs are said to represent approximately half of the actual costs in the proceeding. The Attorney-General points to a case last year in which Grice J awarded costs against Ms Grant,6 and says that costs are appropriate here for essentially the same reasons.

[7] In reply, Ms Grant asks that costs lie where they fall. She says that is a fair and appropriate outcome because:

(a)she has limited resources and the costs sought represent a very significant proportion of her annual income;

3      Grant v Attorney-General [2023] NZHC 1422.
4      At [34]–[37].
5 At [41].
6      In Grant v Everett [2022] NZHC 3429, Grice J awarded costs against Ms Grant of $11,592.60. The Attorney-General also points to Grant v Attorney-General [2020] NZDC 6341 where Judge Zohrab awarded costs of $15,989.40 and disbursements of $1,313.74.

(b)she provided “fresh evidence” in relation to her…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Grant v Attorney-General

Details

AGLC: Grant v Attorney-General [2023] NZHC 1643
Case: [2023] NZHC 1643
Decision Date: 29 June 2023

CaseChat Overview and Summary

In the case of Grant v Attorney-General, the plaintiff, Ms Grant, brought a wide-ranging proceeding against the Attorney-General, which was subsequently struck out by the Court, with the exception of a claim regarding her treatment as a remand prisoner. The defendant, the Attorney-General, applied for scale costs on a 2B basis for the steps relating to the first and renewed strike out hearings, which amounted to approximately half of the actual costs in the proceeding. Ms Grant argued that costs should lie where they fall, citing her limited resources and the significant proportion of her annual income that the sought costs represented. The Court considered Ms Grant's arguments, including her personal circumstances, her attempt to reintroduce previously struck out claims, and the pro bono drafting assistance she received for the sole surviving aspect of her claim.

The Court found that there was no reason to depart from the ordinary rule that costs should follow the event. The Court rejected Ms Grant's argument based on impecuniosity, stating that financial hardship is not an answer to a claim for costs. The Court also found that Ms Grant's attempt to reintroduce previously struck out claims did not support an order that costs lie where they fall, as it resulted in a second day of hearing which ought not to have been necessary. The Court concluded that the defendant was entirely successful in its application, apart from the sole surviving aspect of Ms Grant's claim, and therefore, it was appropriate to allow the Attorney-General's claim for 2B costs.

Ms Grant is to pay the defendant's costs of $15,294.77. The Court found that the defendant was entirely successful in its application, and therefore, it was appropriate to allow the Attorney-General's claim for scale costs on a 2B basis. The Court rejected Ms Grant's arguments that costs should lie where they fall, and found that there was no reason to depart from the ordinary rule that costs should follow the event.

Orders