Lohr v Accident Compensation Corporation

[2016] NZHC 1685

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2015-470-59 [2016] NZHC 1685

UNDER

the Judicature Amendment Act 1972

IN THE MATTER

of an Application for Judicial Review

BETWEEN

DANIEL LOHR First Applicant

AND

ADVENT MANAGEMENT LIMITED Second Applicant

AND

ACCIDENT COMPENSATION CORPORATION

First Respondent

AND

CHIROPRACTIC BOARD Second Respondent

AND

A PROFESSIONAL CONDUCT COMMITTEE OF THE CHIROPRACTIC BOARD

Third Respondent

Hearing:

On Papers

Counsel:

First Applicant in Person (via AVL) No appearance for Second Applicant

A K Miller and C D Boyce for Second and Third Respondents
No appearance required for First Respondent

Judgment:

22 July 2016

JUDGMENT OF SIMON FRANCE J (COSTS RULING)

LOHR v ACC [2016] NZHC 1685 [22 July 2016]

[1]      In a judgment dated 31 May 2016 I upheld the application of the second and third respondents to strike out Dr Lohr’s judicial review proceedings.   I held the proceedings had settled but Dr Lohr had not filed a notice of discontinuance as required by the settlement.  I awarded reasonable indemnity costs.

[2]      The respondents seek an award of $14,532.81 being the actual fee together with disbursements of $200.  Dr Lohr challenges this as not reasonable.1   The hourly rates of those working on the file are modest and I consider the sum sought to be entirely reasonable for the nature of the proceeding.  I can discern no unnecessary steps on the part of the respondents nor excess in terms of how matters were presented.

[3]      An award of $14,532.81 together with disbursements of $200 is confirmed.

Simon France J

1      There are other grounds that seek to reopen the award of indemnity costs.  I put those to one side.