Prescott v Police

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

CA313/2021
[2022] NZCA 16

BETWEEN	PETER RICHARD PRESCOTT Applicant
AND	NEW ZEALAND POLICE Respondent

Court:	Clifford and Gilbert JJ
Counsel:	Applicant in person B M McKenna and R M McMenamin for Respondent
Judgment: (On the papers)	16 February 2022 at 10.30 am

JUDGMENT OF THE COURT
[Costs]

The application for costs is declined.

____________________________________________________________________

REASONS OF THE COURT

(Given by Clifford J)

On 10 November 2021 this Court rejected Mr Prescott’s application[1] for an extension of time to apply for leave to appeal a decision of the High Court,[2] after the High Court declined his application for that grant of leave.[3] The police opposed that application.
[1]Prescott v Police [2021] NZCA 586.
[2]Prescott v Police [2021] NZHC 483.
[3]Prescott v Police [2021] NZHC 941.
In a memorandum dated 17 December 2021 the police sought increased costs against Mr Prescott on that application. No issue of costs was raised by the police in its notice of opposition, or in its written submissions.
It is the almost invariable policy of this Court to deal with costs applications at the time of hearing a matter, where costs have been applied for.
We see no reason to depart from that practice, which the police will be well aware of.
The application for costs is declined.

Solicitors:
Crown Law Office, Wellington for Respondent

CaseChat Overview and Summary

The Court of Appeal of New Zealand heard an application from Peter Richard Prescott for an extension of time to appeal a decision of the High Court. The police opposed the application, which was subsequently declined by the Court of Appeal. Following the dismissal of the application, the police sought increased costs against Mr Prescott. The police did not raise the issue of costs in their notice of opposition or written submissions.

The Court of Appeal declined to award increased costs to the police, adhering to its almost invariable policy of dealing with costs applications at the time of hearing a matter, where costs have been applied for. The Court emphasised that the police were well aware of this practice. The Court did not see a reason to depart from this established practice.

The Court of Appeal's decision highlights the importance of adhering to procedural rules regarding costs applications. The Court declined to award increased costs to the police, as the issue was not raised in the appropriate manner. The Court also emphasised the importance of parties being aware of the Court's practice regarding costs applications.

The Court of Appeal declined the application for costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established