Port Otago Limited v East Otago Taiapure Management Committee

[2013] NZHC 3149

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

CIV-2013-412-383 [2013] NZHC 3149

UNDER  The Resource Management Act 1991

IN THE MATTER             of an appeal against a decision of the

Environment Court

BETWEEN  PORT OTAGO LIMITED Appellant

ANDEAST OTAGO TAIAPURE MANAGEMENT COMMITTEE, SOUTHERN CLAMS LIMITED, OTAGO ROCK LOBSTER INDUSTRY ASSOCIATION INCORPORATED, PAUA INDUSTRY COUNCIL LIMITED AND PAUAMAC 5 INCORPORATED First Respondents

OTAGO REGIONAL COUNCIL Second Respondent

Hearing:                   By memoranda

Appearances:           L A Andersen for appellant

P J Page for first respondents

Judgment:                28 November 2013

JUDGMENT OF LANG J [re Costs]

This judgment was delivered by me on 28 November 2013 at 3 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

PORT OTAGO LIMITED v EAST OTAGO TAIAPURE MANAGEMENT COMMITTEE & ORS [2013] NZHC

3149 [28 November 2013]

[1]      Counsel have been unable to reach agreement regarding the allowance to be made  for  costs  incurred  by  the  first  respondents  in  preparing  their  written submissions for the appeal.  Counsel for the appellant contends that costs should be awarded on a Category 2 Band A basis, whereas counsel for the respondents submits that Category 2 Band B is appropriate.

[2]      From material provided to me by counsel for the first respondents, I am satisfied that counsel has rendered an invoice to his clients for a sum that exceeds the amount payable in accordance with a Category 2 Band B basis.  Counsel for the first respondents has also provided me with time records confirming that counsel spent the equivalent of more than three days preparing and filing the written submissions. On that basis, I am satisfied that it is appropriate to make an award of costs on a

Category 2 Band B basis, and I make an order accordingly.

Lang J

Solicitors:

Crown Solicitor, Dunedin

Gallaway Cook Allan, Dunedin