Hunt v New Plymouth District Council

[2011] NZCA 551

IN THE COURT OF APPEAL OF NEW ZEALAND

CA789/2010
[2011] NZCA 551

BETWEEN  RAYMOND MILLER HUNT
Appellant

AND  NEW PLYMOUTH DISTRICT COUNCIL
Respondent

Court:             O'Regan P, Chambers and Randerson JJ

Counsel:         B P Henry and K M Towt for Appellant
D J Goddard QC, J Shackleton and H M Blomfield for Respondent

Judgment:      3 November 2011 at 3 p.m.

JUDGMENT OF THE COURT AS TO COSTS

AThe appellant must pay costs to the respondent as for a complex appeal on a band A basis along with usual disbursements.  We certify for second counsel.

BThe appellant will have until 29 February 2012 to pay the costs and disbursements ordered.

CIf, by that date, the costs have not been paid (or have not been paid in full) leave is given to the respondent to apply for supplementary orders, including an order expanding those responsible for payment of the costs.

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REASONS OF THE COURT

(Given by Randerson J)

1. Since our Minute of 26 October 2011 we have received and considered the submissions made on behalf of the appellant.

2. We have decided that it is appropriate to make an order for costs only against the appellant in the first instance but we are willing to permit the respondent to apply further should the costs not be paid within a reasonable period.  In that event, the Court would be prepared to receive submissions to the effect that the costs order be widened to hold responsible the attorneys appointed under the Deed of 21 May 2010 and/or all those who are parties to that Deed.

3. On that footing, we order:

   (a)The appellant must pay costs to the respondent as for a complex appeal on a band A basis along with usual disbursements.  We certify for second counsel.

   (b)The appellant will have until 29 February 2012 to pay the costs and disbursements ordered.

   (c)If, by that date, the costs have not been paid (or have not been paid in full) leave is given to the respondent to apply for supplementary orders, including an order expanding those responsible for payment of the costs.

Solicitors:
Denis King Law, New Plymouth for Appellant
Simpson Grierson, Wellington for Respondent