Li v Chief Executive of Ministry of Business Innovation and Employment

[2018] NZHC 2346

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-002763

CIV-2017-404-002764 [2018] NZHC 2346

IN THE MATTER

of intended appeal and judicial review

proceedings pursuant to ss 245 and 249 of the Immigration Act 2009

BETWEEN

YOUXIN LI Applicant

AND

CHIEF EXECUTIVE OF MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT

First Respondent

IMMIGRATION AND PROTECTION TRIBUNAL

Second Respondent

Hearing:	On the papers
Judgment:	7 September 2018

JUDGMENT OF DOWNS J (Costs)

This judgment was delivered by me on Friday, 7 September 2018 at 11 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:
Crown Law, Wellington.

Copy to: Applicant

YOUXIN LI v CHIEF EXECUTIVE OF MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT [2018] NZHC 2346 [7 September 2018]

[1]      On 6 June 2018, I refused Mr Youxin Li leave to appeal, or review, a decision of the Immigration and Protection Tribunal.1     My judgment was silent on costs. The Crown seeks 2B costs.  Counsel for Mr Li no longer holds instructions.

[2]      There is no obvious reason why the Crown should not have costs.  Mr Li was unsuccessful.2  No special rule affects immigration cases, even when the unsuccessful party may be impecunious.3  And, there is no evidence Mr Li is impecunious. On that before me, Mr Li had been in paid employment for many years.

[3]      2B costs are awarded to the Crown.

……………………………..

Downs J

1      Li v Chief Executive of Ministry of Business Innovation and Employment [2018] NZHC 1309.

2      High Court Rules 2016, r 14.2(a).

3      Chief Executive of Department of Labour v Taito CA225/04, CA54/05 8 February 2006.