Siemer v Judicial Conduct Commissioner

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2012-485-2419

CIV-2012-485-2546 [2014] NZHC 265

BETWEEN
VINCENT ROSS SIEMER

Plaintiff

AND

JUDICIAL CONDUCT COMMISSIONER

First Defendant

OTHERS

Second to Sixth Defendants

On the papers

Counsel:

Plaintiff in person
L Theron for First Defendant
Second to Sixth Defendants abide

Judgment:

25 February 2014

FURTHER JUDGMENT OF WILLIAMS J (COSTS)

[1] On 2 July 2013 I struck out two proceedings brought by Mr Siemer as an abuse of process and awarded indemnity costs against him.1

[2] The first defendant is seeking costs to the sum of $10,655.97 as follows: (a) $10,125 in legal costs;
(b) $483.40 in filing fees; and

(c) $47.57 in photocopying and binding costs.

1 Siemer v Judicial Conduct Commissioner [2013] NZHC 1655.

SIEMER v JUDICIAL CONDUCT COMMISSIONER (COSTS) [2014] NZHC 265 [25 February 2014]

[3] A table was attached to counsel’s memorandum verifying that time spent on this was greater than the amount actually claimed.

[4] I am satisfied that all items claimed are properly claimable and certify the claimed amount as payable by Mr Siemer accordingly.

Williams J

Solicitors:
Gault Mitchell Law, Wellington

Cc: V Siemer
27 Clansman Terrace
Gulf Harbour 0930

CaseChat Overview and Summary

The plaintiff, Vincent Ross Siemer, sought to bring proceedings against the Judicial Conduct Commissioner and others. The proceedings were struck out by the court as an abuse of process. The Judicial Conduct Commissioner is now seeking costs from Siemer for the legal expenses incurred due to the strike-out. The amount claimed includes legal costs, filing fees, and photocopying and binding costs.

The legal issue before the court was whether the Judicial Conduct Commissioner was entitled to recover the costs claimed from Siemer. The court had to determine if the costs claimed were reasonable and properly incurred, and if the strike-out was justified.

The court found that the Judicial Conduct Commissioner was entitled to recover the costs claimed. The court was satisfied that all items claimed were properly claimable and certified the claimed amount as payable by Siemer. The court noted that the time spent on the proceedings was greater than the amount claimed, and thus found the claimed amount to be reasonable.

The court ordered Siemer to pay the Judicial Conduct Commissioner the sum of $10,655.97 in costs. This included $10,125 in legal costs, $483.40 in filing fees, and $47.57 in photocopying and binding costs. The court also noted that the amount claimed was verified by a table attached to counsel's memorandum.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

On the papers
Counsel:	Plaintiff in person L Theron for First Defendant Second to Sixth Defendants abide
Judgment:	25 February 2014