Harley v Registrar-General of Land HC Wellington CIV 2009-485-2167

[2010] NZHC 1332

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2009-485-2167

IN THE MATTER OF     the Land Transfer Act 1952

AND

IN THE MATTER OF     an appeal under section 217 of the Act

BETWEEN  RAYLEE PATRICIA HARLEY Applicant

ANDTHE REGISTRAR-GENERAL OF LAND Respondent

Hearing:         On Papers

Counsel:         C R Carruthers QC for Applicant

J R Burns for Respondent

Judgment:      28 July 2010

JUDGMENT OF RONALD YOUNG J (Recall of Costs Judgment)

[1]      On  30 March 2010  I  released  my  judgment  relating  to  the  applicant’s application  pursuant  to  s 217  of  the  Land  Transfer  Act 1952.     I  refused  the application.   At the end of my judgment I indicated that if the respondent sought costs then memoranda should be filed within 14 days with the applicant having a further 14 days within which to respond.

[2]      On 9 April 2010 counsel for the respondent filed a memorandum for costs. On 6 May 2010 I issued a costs judgment.  The Court had not received any response

memorandum from the applicant.

RAYLEE PATRICIA HARLEY V THE REGISTRAR-GENERAL OF LAND HC WN CIV 2009-485-2167  28

July 2010

[3]      It  now  appears  as  though,  for  reasons  not  now  relevant,  the  costs memorandum of the respondent may not have been served on the applicant.  In those circumstances it is proper that I recall my costs judgment which I now do.

[4]      The respondent has already filed its costs memorandum.   It should within seven days from today’s date serve the applicant’s counsel with a copy of that memorandum.  The applicant then has 14 days after service within which to file a

memorandum in response.  I will then consider and release a costs judgment.

Ronald Young J

Solicitors:

C D Sygrove, Sygrove Law Office, PO Box 2890, Wellington 6140, email:  [email protected]

J R Burns, Crown Law, PO Box 2858, Wellington, email:  james[email protected]