Pal v Minister of Immigration

[2013] NZHC 2896

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-007718 [2013] NZHC 2896

UNDER  the Immigration Act 2009

BETWEEN  JAG PAL JAG PAL First Applicant

GIAN KAUR GIAN KAUR Second Applicant

ANDTHE MINISTER OF IMMIGRATION Respondent

CIV-2012-404-007720

UNDER  the Judicature Amendment Act 1972

IN THE MATTER             of an application for judicial review

BETWEEN  JAG PAL JAG PAL First Plaintiff

GIAN KAUR GIAN KAUR Second Plaintiff

ANDTHE IMMIGRATION AND PROTECTION TRIBUNAL First Defendant

THE MINISTER OF IMMIGRATION Second Defendant

Hearing:                   on the papers

Counsel:                  FC Deliu for Applicants/Plaintiffs

DJ Perkins for Respondent/Defendants

Judgment:                4 November 2013

COSTS JUDGMENT OF ASHER J

JAG PAL v THE MINISTER OF IMMIGRATION [2013] NZHC 2896 [4 November 2013]

This judgment was delivered by me on Monday, 4 November 2013 at 3pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

[1]      I have the respondent’s submissions on costs.  Costs were initially sought on a 2B basis.   Two further supplementary submissions have been filed seeking particular costs.   A short email in response has been filed by Mr Deliu for the applicants, which I disregard.  Email communications are not a proper way in which to file submissions or to communicate to a Judge.

[2]      Costs should be awarded on a 2B basis to the successful party on the usual basis.  I specifically record that GST is not available on any award of costs, but is available on disbursements.1

[3]      In respect of the leave application, I view the costs of that application as part of the costs to be awarded to the successful party.

[4]      It was reasonable for the Minister to oppose the application for leave to appeal and for that reason the costs of preparing and filing a notice of opposition are allowed.

[5]      I allow costs to the respondent for preparing the common bundle.  It was in the circumstances reasonable for Wellington counsel to attend the hearing, and travel

disbursements are payable accordingly.

Solicitors/Counsel: FC Deliu, Auckland Crown Law, Wellington.

……………………………..

Asher J

1      Crown Money Corporation Ltd v Grasmere Estate Trustco Ltd (2008) 19 PRNZ 591 (HC) at [7]; High Court Rules, r 14.19.