Poutasi v Chief Executive Department of Labour HC Wellington CIV-2011-485-827

[2011] NZHC 1352

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2011-485-827

UNDER  The Judicature Amendment Act 1972

IN THE MATTER OF     review of a decision of the New Zealand

Immigration Service

BETWEEN  SIAKI POUTASI Applicant

ANDTHE CHIEF EXECUTIVE DEPARTMENT OF LABOUR Respondent

Hearing:         On the papers

Counsel:         N R Woods for Applicant

V E Casey for Respondent

Judgment:      3 August 2011 at 4:00 PM

I direct the Registrar to endorse this judgment with a delivery time of 4pm on the 3rd
day of August 2011.

COSTS JUDGMENT OF MACKENZIE J

[1]      In my judgment delivered on 2 June 2011, I said that if costs are sought memoranda may be filed.   Counsel for the respondent has subsequently filed a memorandum seeking actual costs of $7482.13, plus disbursements of $173.91. That is less than costs calculated on a 2B basis.

[2]      In response, counsel for the applicant has advised that the case was funded by legal aid.   In those circumstances, s 40 of the Legal Services Act 2000 will apply.

No  order  may be  made  unless  the  Court  is  satisfied  that  there  are  exceptional

POUTASI V THE CHIEF EXECUTIVE DEPARTMENT OF LABOUR HC WN CIV-2011-485-827 3 August

2011

circumstances.  There are no exceptional circumstances in this case so that an award is not available.

[3]      I would, in any event, have been minded to make no order for costs in the circumstances where the applicant has now been deported.

Solicitors:           Rowland Woods Legal, Wellington, for Applicant

Crown Law for the Respondent

“A D MacKenzie J”