Neil Martin Clarke v NZ Police
[2007] NZSC 83
•9 October 2007
IN THE SUPREME COURT OF NEW ZEALAND
SC 58/2007
[2007] NZSC 83
BETWEENNEIL MARTIN CLARKE
Applicant
ANDNEW ZEALAND POLICE
First RespondentANDCOREY WATTS
Second RespondentANDCHUBB SECURITY LIMITED
Third Respondent
Court:Blanchard, Tipping and McGrath JJ
Counsel:J J McGuire for Applicant
M A Robertson for Second Respondent
Judgment:9 October 2007
JUDGMENT OF THE COURT
THE APPLICATION FOR LEAVE TO APPEAL IS DISMISSED WITH COSTS OF $1,500 TO THE SECOND RESPONDENT.
REASONS
[1] Mr Clarke filed an application for leave to appeal from the High Court to the Court of Appeal. That application was dismissed for want of jurisdiction.
[2] The Court of Appeal made an award of costs of $750.00 against Mr Clarke in respect of his failed application. The present application to this Court relates solely to Mr Clarke’s wish to challenge that costs award.
[3] His first proposed ground is that the costs were awarded to all three respondents, not just to the second respondent. That, it seems to us, could theoretically be an issue between the respondents but it cannot prejudice Mr Clarke. There is nothing to indicate that the Court of Appeal increased the award because it was made in favour of the three respondents.
[4] The second proposed ground is that because the second respondent is being funded by the Police Association he should not have received any costs. That is an insupportable proposition. Costs are routinely awarded to successful litigants whose expenses are being met by a third party, such as an insurer or, as in this case, a trade or professional association with an interest in its members’ welfare. And, contrary to the third argument of Mr Clarke, the arrangements between the second respondent and the association in no way make the costs order an award in the nature of damages.
[5] The criteria for leave have not been met.
Solicitors:
J J McGuire, Wellington for Applicant
Thomas Dewar Sziranyi Letts, Lower Hutt for Second Respondent
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