Russell v Auckland District Health Board

[2019] NZHC 2821

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-000397

[2019] NZHC 2821

BETWEEN

BRIAN LESLIE RUSSELL

Plaintiff

AND

AUCKLAND DISTRICT HEALTH BOARD

Defendant

Hearing:

23 September 2019

Appearances:

Plaintiff in Person

A Perkins QC for the Defendant

Judgment:

1 November 2019

COSTS JUDGMENT OF ASSOCIATE JUDGE SARGISSON

This judgment was delivered by me on 1 November 2019 at 10.30 a.m. pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date.......................................

Solicitors:

A Perkins QC, Auckland

RUSSELL v AUCKLAND DISTRICT HEALTH BOARD [2019] NZHC 2821 [1 November 2019]

[1]                  I  issued  summary  judgment  for  the  defendant   in   this  proceeding  on  26 August 2019.

[2]                  The defendant has filed a memorandum seeking costs on a 2B basis. In terms of directions made in relation to costs, Mr Russell had leave to file a memorandum in response by 1 October 2019.

[3]                  Mr Russell has filed a memorandum which has little bearing on the issue of costs. It notes his intention to appeal the decision to grant summary judgment, but that is not a basis on which to delay determination of the defendant’s request for costs.

[4]                  Mr Russell’s memorandum also raises various concerns about the judgment, but those are matters for appeal, should Mr Russell choose to appeal.

[5]                  Turning to the defendant’s request for costs, as the defendant is the successful party in this proceeding, I accept that it is entitled to costs on the proceeding under the statutory costs regime. I also accept that this proceeding is a Category 2 proceeding, and that the steps taken in the proceeding appropriately attract a time allocation on a Band B basis.

[6]                  Accordingly I make an order for costs as sought for the itemised steps in the attached schedule, in the sum of $17,327.50, plus the disbursements sought of $220, making a total of $17,547.50.

Associate Judge Sargisson

SCHEDULE

Costs on a 2B basis

Item 2  (commencement of defence)  2 days

Item 23 (opposition to application to commence  0.6 days by originating application)

Item 12 (mentions hearing - Moore J, 4 Feb 2019)  0.2 days

Item 12 (mentions hearing - Palmer J, 11 Mar 2019)                  0.2 days Item 11 (memorandum re first case management)  0.4 days Item 12 (mentions hearing - Gault J, 30 Jul 2019)  0.2 days Item 22 (application for summary judgment)  0.6 days

Item 24 (written submissions)  1.5 days

Item 25 (preparation of bundle)  0.6 days Item 26 (appearance at hearing of application for

summary judgment)  0.75 days

Item 29 (sealing judgment)  0.2 days

Total  7.25 days

Total Costs  $17,327.50

Disbursements

Filing fee (opposition to application to commence

Proceeding by originating application)  $110.00

Filing fee (statement of defence and application for
summary judgment  $110.00

Total disbursements

Grand total  $17,547.50