Prescott v Thompson

[2019] NZHC 2537

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-554

[2019] NZHC 2537

BETWEEN

P R PRESCOTT

Appellant

AND

V G THOMPSON

Respondent

On the papers	At Auckland
Judgment:	15 October 2019

JUDGMENT OF POWELL J

[Application for Stay and Costs]

This judgment was delivered by me on 15 October 2019 at 10 a.m. pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitor:        Boyle Mathieson, Henderson, Auckland

Copy:             P R Prescott, North Shore, Auckland

PRESCOTT v THOMPSON [2019] NZHC 2537 [15 October 2019]

[1]                For the reasons set out in my Minute (No. 3), dated 12 July 2019, this appeal was abandoned on 2 July 2019 for the non-payment of security for costs. Having confirmed that the appeal had been  abandoned  I gave  leave  for  the  respondent Ms Thompson to seek costs.

[2]                Ms Thompson, through her counsel Mr Woodd, has now applied for costs on a 2B basis in the sum of $4,237 plus disbursements of $50, a total sum of $4,287.

[3]                In response, Mr Prescott has not challenged the calculation of the costs claimed by Ms Thompson. Instead, by memorandum he has asserted that his appeal remains on foot and has also filed a further memorandum entitled “Applicant’s application to stay costs pending a judicial review”. The latter document seeks a stay of any costs award pending “a judicial review of Judge Cunningham and an appeal as to the rights of self-represented lay litigants to claim costs if successful”.

[4]                Leaving aside the procedural irregularity of what Mr Prescott is seeking, his appeal has in fact been abandoned, and there is no reason to stay any determination of costs given the costs relate entirely to the abandoned appeal. Any subsequent actions taken by Mr Prescott by way of judicial review against Judge Cunningham therefore have absolutely no bearing on Ms Thompson’s entitlement to costs on the appeal. To the extent it is necessary to do so, Mr Prescott’s application for stay is accordingly dismissed.

[5]                Having considered Ms Thompson’s application, I am satisfied it should be granted as sought, given Ms Thompson incurred costs on the appeal and it has now been abandoned.

[6]                I therefore order that Ms Thompson is entitled to costs against Mr Prescott in the sum of $4,237 plus disbursements of $50, a total of $4,287.

Powell J