Meenken v Attorney-General

[2015] NZHC 412

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2014-485-11456 [2015] NZHC 412

BETWEEN

DIEDERIK MARTEN MEENKEN

Applicant

AND

ATTORNEY-GENERAL Respondent

In Chambers:	On papers
Judgment:	10 March 2015

JUDGMENT OF THE HON JUSTICE KÓS (Costs)

[1]      Mr Meenken has discontinued his proceeding, some two weeks ahead of the hearing of an application to strike it out.   The respondent now seeks costs on a category 1 band B basis.

[2]      Mr Meenken apologises to the Court, and to the respondent, for filing “a poor application”.  He accepts it was “badly done”.  He says he is sorry, and asks that the Court forgive his action in wasting its and the respondent’s time.

[3]      Forgiveness will be facilitated here by the ordinary application of r 15.23. The presumption that a discontinuing plaintiff must pay costs has not been displaced.

Result

[4]      Costs as sought.

Stephen Kós J

Solicitor: Crown Law, Wellington for Respondent

And to:    Applicant in person

MEENKEN v ATTORNEY-GENERAL [2015] NZHC 412 [10 March 2015]