Minister of Education v McCartney

[2017] NZHC 1093

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CIV-2016-441-101 [2017] NZHC 1093

BETWEEN

THE MINISTER OF EDUCATION

First Plaintiff

THE SECRETARY OF EDUCATION Second Plaintiff

THE BOARD OF TRUSTEES OF PARKVALE PRIMARY SCHOOL Third Plaintiff

AND

TANIA MAY MCCARTNEY First Defendant

CRAIG ROBERT MCCARTNEY Second Defendant

On thepapers:
Counsel:	S-J Telford for Plaintiffs J McDowell for Defendants
Judgment:	24 May 2017

JUDGMENT OF WILLIAMS J (COSTS)

[1]      The plaintiffs seek costs on a 2B basis of $5,686.50 plus $110 disbursements against the second defendant, Mr McCartney.  Mr McCartney does not dispute the quantum.  However, he seeks that the Court either refuses costs pursuant to r 14.7(g) or defers costs pursuant to r 14.8(1).  This is on the basis that, like Parkvale School, he too is the victim of his ex-wife’s dishonesty and is left with the burden of having to fund debts she incurred, while also caring for their two children.

[2]      The Court has discretion under r 14.7(g) to refuse to award costs or reduce

the costs otherwise payable if “some other reason exists which justifies the court refusing costs or reducing costs”.  I have not been referred to any case where this

THE MINISTER OF EDUCATION & ORS v MCCARTNEY & ANOR [2017] NZHC 1093 [24 May 2017]

rule has been relied on in a situation similar to Mr McCartney’s, but I think it premature to discount that possibility at this interlocutory stage.

[3]      Rule 14.8 provides that “costs on an opposed interlocutory application, unless there are special reasons to the contrary” must be fixed when the application is determined, and become payable when fixed.  In my view, there are special reasons justifying delay.  Mr McCartney is, as I have said, also a victim in this situation.  I consider that the best time to assess the relevance of that fact to the issue of costs will be after the substantive hearing and the decision on the merits.

[4]      Costs are reserved accordingly.

Williams J

Solicitors:

Morgan Coakle, Auckland for Plaintiffs

Wellesley Chambers, Napier for Defendants