McGuire v Secretary for Justice

[2021] NZCA 41

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA70/2019
 [2021] NZCA 41

BETWEEN	JEREMY JAMES MCGUIRE Appellant
AND	SECRETARY FOR JUSTICE Respondent

Court:	Cooper, Clifford and Collins JJ
Counsel:	Appellant in person G L Melvin for Respondent
Judgment: (On the papers)	5 March 2021 at 10 am

JUDGMENT OF THE COURT
 Costs

The appellant is to pay the respondent $10,755 by way of costs.

____________________________________________________________________

REASONS OF THE COURT

(Given by Clifford J)

1. In a decision released on 2 December 2020[1] we dismissed Mr McGuire’s appeal against a decision of the High Court declining to judicially review a decision of the Secretary of Justice in 2015.[2]  The Secretary had declined an application by Mr McGuire to become a provider of legal aid services in low-level criminal proceedings. 

   [1]McGuire v Secretary for Justice [2020] NZCA 612.

   [2]McGuire v Secretary for Justice [2019] NZHC 42.

2. As to costs, we noted:[3]

   [31]     At the end of the hearing of the appeal, there was an indication to us that there may have been discussions between Mr McGuire and the Secretary that would be relevant to any decision on costs.  We therefore reserve that issue.  If agreement can be reached, we invite a joint memorandum.  If that is not the case, submissions should be filed, by the Secretary within three weeks of this decision, and by Mr McGuire within one week thereafter.  No more than three pages will be considered. 

   [3]McGuire v Secretary for Justice, above n 1.

3. The Secretary’s submissions were filed in time on 21 December 2020.  In a minute dated 4 February 2021 Cooper J, for the Court, recorded that if Mr McGuire had not filed submissions by Friday 19 February 2021 the Court would proceed to deal with the issue of costs without hearing from him.

4. Mr McGuire has not filed any submissions.  We therefore deal with the Secretary’s application now.

5. The Secretary in his submissions confirms that in correspondence Mr McGuire offered to discontinue this appeal if (i) the costs awarded against him in the High Court were waived and (ii) the Secretary applied to dismiss the bankruptcy proceedings commenced against him to recover those costs.

6. The Secretary was not prepared to deal with the matter on that basis and so advised Mr McGuire.  Mr McGuire, as he said he would, thereafter paid security for costs and had the appeal set down and, ultimately, argued.

7. In these circumstances there is no reason why costs should not follow the event on the basis of a standard appeal, band A.

Result

1. The appellant is to pay the respondent $10,755 by way of costs.

Solicitors:
Crown Law Office, Wellington for Respondent