Siemer v Attorney-General

[2022] NZHC 3270

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2022-485-168

[2022] NZHC 3270

BETWEEN

VINCENT ROSS SIEMER

Plaintiff

AND

ATTORNEY-GENERAL OF NEW ZEALAND

Defendant

On the Papers

Counsel:

Plaintiff self-represented

D Harris and R Lawrie for the Defendants

Judgment:

7 December 2022

JUDGMENT OF GWYN J

(Costs)

[1]                 Mr Siemer filed this proceeding by way of statement of claim dated 4 April 2022. The claim sought declarations and compensation for alleged breaches by the Supreme Court of Mr Siemer’s rights under the New Zealand Bill of Rights Act 1990. Mr Siemer’s claim was amended on 8 June 2022.

[2]                 The Attorney-General filed a statement of defence dated 23 May 2022. No amendment was filed in response to the amended statement of claim because those amendments concerned matters of relief only.

[3]                 On 3 June 2022, the Attorney-General filed an application to strike out the statement of claim. The proceeding was to have been heard before me on 5 October 2022 but, by agreement, I determined it on the papers.

SIEMER v ATTORNEY-GENERAL [2022] NZHC 3270 [7 December 2022]

[4]                 On 27 October 2022, I struck out the proceedings, directed the removal of the Supreme Court as the second defendant and found that the Attorney-General was entitled to costs on a 2B basis.1

[5]                 I directed that any memoranda as to costs and disbursements be filed by the Attorney-General by 10 November 2022 and by Mr Siemer by 24 November 2022.2

[6]                 I have now received a  costs  memorandum  for the Attorney-General  dated  9 November 2022. No memorandum has been received from Mr Siemer.

[7]                 The Attorney-General advises that costs and disbursements on a 2B basis would total $15,109.43. However, r 14.2(1)(f) of the High Court Rules 2016 provides that an award of costs should not exceed the costs incurred by the party claiming costs. Accordingly, the Attorney-General seeks actual costs and disbursements in the sum of

$10,900.03, as detailed in counsel’s schedule.

[8]                 I direct that costs and disbursements are payable by the plaintiff to the Attorney-General in the total sum of $10,900.03, in accordance with the schedule of costs filed by counsel for the Attorney-General.

Gwyn J

Solicitors:

Crown Law, Wellington

Copy to:
Mr Siemer, Orewa

1      Siemer v Attorney-General [2022] NZHC 2789 at [26] and [59].

2 At [60].