Paterson v Attorney-General
[2021] NZHC 61
•3 February 2021
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2019-485-000731
[2021] NZHC 61
BETWEEN GARTH BOWKETT PATERSON
Plaintiff
AND
ATTORNEY-GENERAL
Defendant
Hearing: [On the Papers] Appearances:
G B Paterson (Self-represented Plaintiff) in Person H M Carrad and L Dittrich for Defendant
Judgment:
3 February 2021
JUDGMENT OF EDWARDS J
[re Costs]
This judgment was delivered by me on 3 February 2021 at 12.00 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors: Crown Law, Wellington
Copy To: G B Paterson, Australia
PATERSON v ATTORNEY-GENERAL [2021] NZHC 61 [3 February 2021]
[1] The plaintiff’s claims against the Attorney-General were dismissed in my judgment dated 9 December 2020.1 The defendant seeks costs and disbursements in the sum of $25,903 which have been calculated according to schedule 2B of the High Court Rules 2016.
[2] Mr Paterson submits that costs should not be awarded against him due to the misconduct of the defendant in admitting that the daily list published on 5 April 2016 contained an error. He emphasises that the proceeding was brought pursuant to s 27 of the New Zealand Bill of Rights Act 1990, and was not brought for financial gain. Mr Paterson also challenges the quantum of costs claimed on the basis that they are likely to exceed the actual costs incurred.
[3] I am not persuaded that these are reasons either to not award costs or reduce costs. Mr Paterson’s submissions are essentially the same as the arguments which were put forward in support of his claim and rejected by me in the substantive judgment. The submission regarding quantum has no merit. The costs have been calculated according to scale and are undoubtedly less than the actual costs incurred.
[4] The defendant is entitled to costs as the successful party in the litigation. The costs have been conservatively calculated and are reasonable in all the circumstances.
[5] Accordingly, I award costs and disbursements in favour of the Attorney- General in the sum of $25,903.
Edwards J
1 Paterson v Attorney-General [2020] NZHC 3253.
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