Miles Premises Limited v Attorney-General

[2020] NZHC 161

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2018-409-520

[2020] NZHC 161

BETWEEN

MILES PREMISES LIMITED

Applicant

AND

ATTORNEY-GENERAL

Respondent

Hearing:	31 October 2019
Counsel:	L J Taylor QC, E Watt and S D McIntyre for Applicant S Jerebine and G Niven for Respondent
Judgment:	13 February 2020

JUDGMENT OF SIMON FRANCE J (COSTS)

[1]    I apologise for the delay in this ruling. There was a delay in referring counsel’s memoranda to me.

[2]    I agree with the applicant. It is unrealistic to sever the two issues in the manner proposed by the respondent. I accept some evidence was relevant only to the first issue, but there was also much relevant to both. The applicant ultimately succeeded in its proceeding, and I do not consider the lack of success on the first challenge should in this case affect the costs outcome. I decline the Attorney-General’s application for a reduction in scale costs.

Simon France J

Solicitors:

Rhodes & Co, Christchurch for Applicant Crown Law Office, Wellington for Respondent