Hutt City Council v Lower Hutt District Court

[2013] NZHC 1581

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2012-485-001662 [2013] NZHC 1581

UNDER  Part 1 of the Judicature Amendment Act

1972

IN THE MATTER OF       Section 181 of the Local Government Act

2002

IN THE MATTER OF       an Application for Judicial Review

BETWEEN  HUTT CITY COUNCIL Plaintiff

ANDTHE LOWER HUTT DISTRICT COURT First Defendant

GRAHAM ALBERT CASSELLS and

MARGARET JANE CASSELLS Second Defendants

Judgment:                27 June 2013

JUDGMENT AS TO COSTS OF COLLINS J

[1]      When I delivered my judgment in this matter I pointed out that Mr Cassells was self-represented and that he would be unlikely to be entitled to costs.

[2]      Mr Cassells has now filed a memorandum seeking costs in relation to a lawyer who he had consulted, and disbursements.

[3]      Hutt City Council does not oppose an award of costs for disbursements.

[4]      I am satisfied that Mr Cassells should be paid the disbursements set out in his memorandum and order accordingly.

HUTT CITY COUNCIL v THE LOWER HUTT DISTRICT COURT [2013] NZHC 1581 [27 June 2013]

[5]      Mr Cassells’ application for costs in relation to legal fees he incurred when he consulted a lawyer is dismissed.  Costs awards for legal fees are carefully prescribed by the High Court Rules and Mr Cassells’ claim does not appear to me, to fit within

the criteria for awarding costs.

D B Collins J

Solicitors:

Thomas Dewar Sziranyi Letts, Lower Hutt for Plaintiff

Crown Law Office, Wellington for First Defendant