Right to Life New Zealand Inc v The Abortion Supervisory Committee

[2014] NZHC 171

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2005-485-999 [2014] NZHC 171

BETWEEN  RIGHT TO LIFE NEW ZEALAND INC Applicant

ANDTHE ABORTION SUPERVISORY COMMITTEE

Respondent

Hearing:                   On Papers

Counsel:                  P McKenzie QC and I C Bassett for Applicant

C Gwyn and W Aldred for Respondent

Judgment:                17 February 2014

JUDGMENT OF RONALD YOUNG J (Costs)

[1]      On 9 June 2008 Miller J gave judgment on the substantive issue in these proceedings.  At the end of his judgment he indicated that having succeeded in part the Applicant would be entitled to costs.  He invited memorandum.

[2]      In a further judgment of 3 August 2009, Miller J made an order that the respondent must pay the Applicant the costs of the first hearing less the costs of the second hearing all calculated on a 2B basis with provision for two counsel.

[3]      Miller J’s substantive judgment and judgment as to costs was appealed.  The

Court of Appeal allowed the appeal. As to costs it made the following order:

The costs order against the Abortion Supervisory Committee in the High Court is set aside.  The Committee is entitled to costs in the High Court.  In the absence of agreement, such costs are to be fixed by the High Court.

[4]      Those orders were not the subject of a successful appeal to the Supreme

Court. No agreement as to costs in the High Court has been reached.

RIGHT TO LIFE v THE ABORTION SUPERVISORY COMMITTEE [2014] NZHC 171 [17 February 2014]

[5]      Counsel for the respondent has filed a memorandum which, she says, reflects the appropriate claim for costs in the High Court. The memorandum, as I understand it, took into account the views of Right to Life New Zealand Incorporated as to the appropriate quantum.  Counsel for the Applicant, therefore, advised that he had no further submissions to make on the amount of costs.

[6]      I, therefore, make an order for costs against the Applicant in favour of the respondent in the sum of $35,165 plus disbursements of $4,308.69.

Ronald Young J

Solicitors:

P J Doody, Christchurch

Crown Law Office, Wellington