Rongotai Investments Limited v Land Valuation Tribunal

Rongotai Investments Limited and Rongotai Estates Limited applied for judicial review of a Land Valuation Tribunal hearing in respect of objections under the Rating Valuations Act 1998 and the Land Valuation Proceedings Act 1948. The Tribunal and several other respondents opposed the application for interim orders and sought costs in the event the application was unsuccessful. The primary legal issue for the Court was whether more than one award of costs should be made where several respondents opposed the judicial review application. Rongotai argued that the true respondent was the Tribunal, which did not seek costs, and that the application raised public interest issues that should result in no costs being awarded, or only limited costs being awarded. The Court rejected these arguments, emphasising that the parties to the underlying proceedings were the active respondents and were entitled to seek costs. The Court also noted that the unsuccessful party should pay the costs of the successful party and that the application involved commercial matters rather than issues of public interest. The Court held that two awards of costs should be made. The respondents who opposed the interim orders sought by Rongotai had significant interests at stake and it was not unreasonable for there to be separate representation. The costs claims were also for relatively modest amounts. The Court therefore allowed each of the claims for costs as claimed. However, the third respondent’s claim for sealing the order and for the filing fee for sealing the order was only allowed if that step had been taken, which may not have been necessary.