McCarthy v Civil Aviation Authority of New Zealand

[2025] NZHC 2080

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2024-485-634

[2025] NZHC 2080

UNDER

the Civil Aviation Act 1990, s 69

IN THE MATTER OF

an appeal against a District Court decision

BETWEEN

ROBIN MAX McCARTHY

Appellant

AND

CIVIL AVIATION AUTHORITY OF NEW ZEALAND

Respondent

On the papers:

Counsel:

Appellant in person

G H Allan for Respondent

Judgment:

28 July 2025

JUDGMENT OF GRAU J

[Costs]

[1]                 On 30 May 2025, I dismissed Mr McCarthy’s appeal against a District Court decision which determined the scope of Mr McCarthy’s appeal to the District Court against a decision of the Director of the Civil Aviation Authority (the Director).1       I noted that, as the successful party, the Director was entitled to costs. I asked the parties to endeavour to agree costs. That has not proved possible.

[2]                 The Director seeks costs on a 2A basis (at a daily recovery rate of $2,390) for the following steps:

1      McCarthy v Civil Aviation Authority [2025] NZHC 1393.

McCARTHY v CIVIL AVIATION AUTHORITY OF NEW ZEALAND (COSTS) [2025] NZHC 2080 [28 July 2025]

Step in proceeding	Time allocation
Preparation for first case management conference (item 10 of Schedule 3)	0.2 days
Filing memorandum for first case management conference (item 11)	0.2 days
Appearance at first case management conference (item 13)	0.3 days
Preparation of written submissions (for appeal) (item 56)	1 day
Total	1.95 days

[3]The total amount sought is accordingly $4,660.00.

[4]                 Mr McCarthy has not filed any response to date. His response was required five working days after the Director filed his memorandum on 30 June 2025. The Director filed another memorandum on 16 July 2025. Mr McCarthy has not responded to that memorandum either.

[5]                 The Director’s categorisation of the proceedings is appropriate. The costs claimed also appear eminently reasonable.

[6]Accordingly, I award costs of $4,660.00 to the Director.

Grau J

cc:R M McCarthy G H Allan