Registrar of the Real Estate Agents Authority v A

[2018] NZHC 1934

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF RESPONDENT PROHIBITED BY S 201 OF THE CRIMINAL PROCEDURE ACT 2011. SEE

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF REAL ESTATE AGENCY EMPLOYING RESPONDENT PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011.

SEE

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2017-412-000032

[2018] NZHC 1934

BETWEEN

REGISTRAR OF THE REAL ESTATE AGENTS AUTHORITY

Appellant

AND

A

Respondent

Hearing:

On the papers

Counsel:

M Hodge for the Appellant

C S Withnall QC and M Ryan for the Respondent

Judgment:

31 July 2018

JUDGMENT OF NATION J AS TO COSTS

[1]    In a judgment of 28 November 2017, the appellant was successful in appealing a decision of the Real Estate Agents Disciplinary Tribunal which had renewed the respondent’s salesperson’s licence.1

1      Real Estate Agents Authority v A [2017] NZHC 2929.

REAL ESTATE AGENTS AUTHORITY v A [2018] NZHC 1934 [31 July 2018]

[2]    In my judgment, I directed that, if no agreement was reached over costs, a memorandum for the appellant was to be filed by 13 December 2017 and a response for the respondent by 22 December 2017.

[3]    I subsequently extended the time for the respondent’s memorandum to be filed to 12 February 2018.

[4]    In my minute of 1 February 2018, I indicated that, if no memorandum was filed for the respondent, I would determine costs on the basis of the appellant’s memorandum which was filed on 13 December 2017.

[5]    The appellant sought costs on a 2B basis. On that basis, the costs would have been $14,495. The appellant however indicated that its actual costs amounted to only

$13,950. The appellant sought reimbursement for those costs, together with disbursements of $1,230, comprising:

(i)filing fee of $540 for commencing the appeal;

(ii)the scheduling fee of $640; and

(iii)filing fee for sealing the costs order of $50.

[6]The appellant sought an award of costs and disbursements in the sum of

$15,180.

[7]    I am satisfied such order is appropriate. I now make an order that the respondent pay the appellant $15,180 for costs and disbursements in these proceedings.

Solicitors:

Meredith Connell, Auckland

C S Withnall QC, Barrister, Dunedin.