Minister for Land Information v Mundy

[2024] NZHC 436

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-226

[2024] NZHC 436

BETWEEN

MINISTER FOR LAND INFORMATION

Appellant

AND

TEXAS ANDREW MUNDY and HELEN CAMPBELL MUNDY

as Trustees of the Mundy Trust First Respondents

AND

MUNDY BROTHERS LIMITED

Second Respondents

Hearing:	On the papers
Judgment:	5 March 2024

JUDGMENT OF HARLAND J AS TO COSTS

[1]    I issued my judgment in respect of this matter on 18 December 2023. Costs were reserved. Counsel agree that the respondents, being the successful party on appeal, are entitled to costs amounting to $10,575.75.

[2]Counsel also agree that there are three remaining issues that require addressing:

(a)        escalation needs to now be added to many of the amounts originally awarded by the Tribunal, as these are out of date;

(b)       interest needs to be calculated in respect of various amounts where escalation will not apply; and

(c)        the GST treatment of the various awards needs to be confirmed.

MINISTER FOR LAND INFORMATION v MUNDY [2024] NZHC 436 [5 March 2024]

[3]Section 26(4) of the Land Valuation Proceedings Act 1948 provides:

26   Appeals to court against orders of Land Valuation Tribunals

…

(4) Upon any such appeal the court may confirm, discharge, or vary the order of the Tribunal, or direct that the matter be referred to the Tribunal for further consideration, as it thinks fit, and generally may make such order as it considers just and equitable in the circumstances of the case.

[4]    The parties agree that leave should be granted for them to file memoranda with the Land Valuation Tribunal to deal with these issues, if the Tribunal’s assistance is required. The parties intend to try to resolve these issues without recourse to the Tribunal but the request to do so if needed is reasonable.

[5]I make the following orders:

(a)        the appellant is to pay to the respondents costs as agreed in the amount of

$10,575.75; and

(b)       I direct any issues to do with escalation, interest or GST are to be further referred to the Tribunal should either or both parties consider all or any of such issues to be necessary.

Harland J

Solicitors:

Crown Law, Wellington

R J B Fowler KC, Wellington Meares Williams, Christchurch.