Nair v Chief Executive of the Department of Labour

[2013] NZHC 1741

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CIV-2012-441-364 [2013] NZHC 1741

UNDER  the Judicature Amendment Act 1972 and the Immigration Act 2009

IN THE MATTER OF       an application for review

BETWEEN  VANA NAIR Applicant

ANDTHE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR Respondent

Hearing:                   (on the papers)

Counsel:                  P Ross for the Applicant

S McKenzie for the Respondent

Judgment:                10 July 2013

JUDGMENT OF WOODHOUSE J (Costs)

This judgment was delivered by me on 10 July 2013 at 3:30 p.m. pursuant to r 11.5 of the High Court Rules 1985.

Registrar/Deputy Registrar

……………………………………

Counsel:

Mr P Ross, Barrister, Napier

Ms S McKenzie, Crown Law, Wellington
Instructing Solicitors:

Ms Z Tope, Tope Law Ltd, Solicitor, Napier

NAIR v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR [2013] NZHC 1741 [10 July 2013]

[1]      In the substantive judgment leave was reserved for the successful respondent to apply for costs.[1]

[1] Nair v The Chief Executive of the Department of Labour [2013] NZHC 358

[2]      An application for costs by the respondent was filed on 7 March 2013.  There has been no response for the applicant save for advice from Mr Ross, counsel for the applicant, that he was without instructions, would seek instructions from his instructing solicitors, but was doubtful that anything would be filed in response. This was advice by email to the Registrar on 26 June 2013.

[3]      Given the fact that the application for the respondent was filed over four months ago, and the advice from Mr Ross, I am satisfied that a decision should now be made on the respondent’s application.   In any event, the application is not contentious.

[4]      The respondent, having succeeded, is entitled to costs.  Costs are sought on a

2B basis apart from costs for preparation of the list of authorities in respect of which costs are sought on a 2A basis.

[5]      I am satisfied that the respondent is entitled to the scale costs sought together with the disbursements itemised in the schedule to the respondent’s memorandum of

5 March 2013.

[6]      Accordingly, there is an order that the applicant pay the respondent costs in a sum of $15,124 and disbursements in a sum of $1,043.31 (with the disbursements

being inclusive of GST).

Woodhouse J