R v Taylor

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI-2011-041-1486 [2015] NZHC 49

THE QUEEN

v

BRETT COLIN TAYLOR

Hearing On the papers

Counsel:

F E Cleary for Crown
C R Carruthers QC for Defendant

Judgment:

3 February 2015

COSTS JUDGMENT (N° 2) OF MACKENZIE J

I direct that the delivery time of this judgment is
2.30 pm on the 3rd day of February 2015

Solicitors: Elvidge & Partners, Napier, for Applicant
Colin Carruthers QC, Wellington, for Defendant

R v TAYLOR [2015] NZHC 49 [3 February 2015]

[1] In my costs judgment of 29 May 2014, I ruled that an award of costs under the Costs in Criminal Cases Act 1967 (the Act) was appropriate, and directed that further steps be taken to enable me to fix the quantum of that award.1

[2] The steps directed in [24] and [25] of that judgment have now been completed. Counsel have submitted a schedule prepared in accordance with the practice appropriate for Crown counsel under the Crown Solicitors Regulations
1994. Counsel for the Crown accepts the way in which the schedule has been prepared. That acceptance extends to the mechanics of the schedule and is not a reflection of the Crown’s position as to the appropriateness or amount of any costs order.

[3] The schedule gives a total of $32,967. Applying the approach which I described in [22] and [23] of that judgment, I accept the schedule as representing the Crown rate for the steps undertaken. I consider it appropriate to apply that rate in this case.

[4] I therefore award costs in the sum of $32,967.

“A D MacKenzie J”

1 R v Taylor [2014] NZHC 1165.

CaseChat Overview and Summary

In the Napier Registry of the High Court of New Zealand, the case of the Crown versus Brett Colin Taylor was heard on the papers. The matter involved a ruling on the costs incurred in the proceedings under the Costs in Criminal Cases Act 1967. Counsel for the Crown was represented by F E Cleary, and the defendant was represented by C R Carruthers QC. The judgment, delivered by MacKenzie J, was issued on 3 February 2015.

The legal issues that the court was required to address pertained to the appropriate quantum of costs that should be awarded to the Crown under the Act. The previous judgment of 29 May 2014 had already determined that an award of costs was appropriate and directed further steps to enable the fixing of the quantum. The court needed to consider the schedule of costs submitted by the Crown counsel and determine whether the proposed amount was reasonable and in accordance with the applicable legal standards.

The court reviewed the schedule of costs prepared by the Crown counsel, which totaled $32,967. The schedule was prepared in accordance with the practice appropriate for Crown counsel under the Crown Solicitors Regulations 1994. The Crown counsel accepted the mechanics of the schedule without endorsing its appropriateness or amount. The court applied the approach described in the previous judgment and accepted the schedule as representing the Crown rate for the steps undertaken. The court considered it appropriate to apply the Crown rate in this case, thereby awarding costs in the sum of $32,967.

The final orders of the court were that costs in the amount of $32,967 be awarded to the Crown. This decision followed the court's review of the submitted schedule and the acceptance of the Crown rate as appropriate for the steps taken in the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Hearing	On the papers
Counsel:	F E Cleary for Crown C R Carruthers QC for Defendant
Judgment:	3 February 2015