Rabson v Judicial Conduct Commissioner

[2017] NZHC 3112

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-Ā-TARA ROHE

CIV-2017-485-133 [2017] NZHC 3112

BETWEEN

MALCOLM EDWARD RABSON

Applicant

AND

JUDICIAL CONDUCT COMMISSIONER Respondent

On the papers
Judgment:	13 December 2017

JUDGMENT OF CLARK J

[1]      The applicant issued judicial review proceedings against the respondent.

[2]      Faire J struck out the proceeding.1   He ordered indemnity costs to be paid by the applicant  in  favour  of the respondent.   The order  was  accompanied by  the following timetabling orders:2

Counsel shall file and serve a memorandum, which provides sufficient support material for the Court to check the reasonableness of the costs claimed.  If the applicant opposes the quantum of the costs claimed he must file and serve within 10 working days of receipt of the respondent’s memorandum a memorandum in response to it.

[3]      Counsel for the respondent filed a memorandum on 1 September 2017.3   The respondent seeks a total of $5,166.27 comprising $4,882.50 in legal costs and $283.77

1      Rabson v Judicial Conduct Commissioner ]2017] NZHC 1249.

2 At [38].

3      The memorandum was brought to my attention as duty Judge on 7 December 2017.

RABSON v JUDICIAL CONDUCT COMMISSIONER [2017] NZHC 3112 [13 December 2017]

in disbursements, being court filing fees and office fees.  Supporting invoices have been provided detailing the work performed by counsel in incurring costs sought.

[4]      Mr Rabson has not filed any opposition to that quantum.

[5]      I am satisfied that costs should be fixed in the sum of $5,166.27. Accordingly, an order for costs may be sealed for that sum.

Karen Clark J

Solicitors:

Crown Law, Wellington

Copy to:

M R Rabson