Rupal v Immigration and Protection Tribunal

[2018] NZHC 804

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-2210

[2018] NZHC 804

UNDER

the Judicial Review Procedure Act 2016 and Immigration Act 2009

IN THE MATTER

of an application for leave to bring judicial review proceedings under section 249 of the Immigration Act 2009

BETWEEN

RAMANDEEP KAUR RUPAL

First Applicant

DEEPAK HANDA
Second Applicant

AND

IMMIGRATION AND PROTECTION TRIBUNAL

First Respondent

MINISTER OF IMMIGRATION

Second Respondent

Hearing:	On the papers
Appearances:	R Singh and A Ayoub for the Applicants S Earl for the Second Respondent
Judgment:	24 April 2018

JUDGMENT OF GORDON J

[As to costs]

This judgment was delivered by me

on 26 April 2018 at 3.30 pm, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors:           Crown Solicitor, Auckland

Legal Associates, Papatoetoe, Auckland

RUPAL v IMMIGRATION AND PROTECTION TRIBUNAL [2018] NZHC 804 [24 April 2018]

[1]    In my judgment of 14 March 2018,1 I dismissed an application by Ms Rupal and Mr Handa seeking an order granting them leave to commence judicial review proceedings of a decision of the Immigration and Protection Tribunal, dismissing their humanitarian appeals.

[2]    I reserved costs and indicated my initial view that costs on a 2B basis would be appropriate.2 I encouraged the parties to agree costs and file a joint memorandum.3

[3]    The parties have filed separate memoranda. They have not been able to reach agreement because counsel for Ms Rupal and Mr Handa have been unable to obtain instructions from them, despite many attempts to make contact. It is not clear whether Ms Rupal and Mr Handa are in fact still in the country.

[4]    The second respondent, as the successful party, seeks costs on a 2B basis in the sum of $7,470.50, together with disbursements of $139.13. The total award sought for costs and disbursements is $7,609.63.

[5]    I am satisfied that each of the steps taken by the second respondent was required and that they were taken. The time claimed and the rate for that time have been appropriately set out in the memorandum filed on behalf of the second respondent.

[6]    I award the sum of $7,609.63 for costs and disbursements to the second respondent against Ms Rupal and Mr Handa. The Registrar may seal the costs order in that sum.

Gordon J

1      Rupal v Immigration and Protection Tribunal [2018] NZHC 422.

2 At [83].

3 At [83].