Siemer v Registrar of the Supreme Court
[2021] NZHC 1951
•30 July 2021
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2021-485-125
[2021] NZHC 1951
BETWEEN VINCENT ROSS SIEMER
Applicant
AND
REGISTRAR OF THE SUPREME COURT
Respondent
Hearing: On the papers Counsel:
Applicant in Person
G M Taylor and R M McMenamin for Respondent
Judgment:
30 July 2021
JUDGMENT OF ISAC J (COSTS)
Introduction
[1] In a judgment of 1 July 2021 I struck out this proceeding under r 15.1 of the High Court Rules 2016 on the basis it constituted an abuse of process.1 I Invited memoranda as to costs from the respondent within 10 working days and from Mr Siemer within 10 working days thereafter.2
[2] The respondent filed a memorandum on 9 July 2021 seeking costs and disbursements on a 1B basis.
[3] A reminder email was sent by the Registrar to Mr Siemer, but no memorandum has been received from him.
1 Siemer v Registrar of the Supreme Court [2021] NZHC 1604.
2 At [36]–[37].
SIEMER v REGISTRAR OF THE SUPREME COURT [2021] NZHC 1951 [30 July 2021]
Discussion
[4] All matters relating to costs are discretionary.3 The discretion must be exercised on a principled basis. And the determination of costs, so far as possible, should be both predictable and expeditious.4
[5] I see no reason to depart from the usual course that the party who fails with respect to a proceeding or an interlocutory application should pay costs to the party who succeeds.5
[6] The proceeding clearly lacked merit. I found that it was a quintessential abuse of process, as Mr Siemer had simply re-packaged and re-filed a claim in the Wellington Registry that had been struck out by the High Court in Auckland.6 There was equally no public interest element to the proceeding.
Result
[7] Costs are awarded to the respondent on a 1B basis together with disbursements, totalling $5,602.
Isac J
Solicitors:
Crown Law Office, Wellington for Respondent
3 High Court Rules, r 14.1.
4 Rule 14.2(1)(g).
5 Rule 14.2(1)(a).
6 Siemer v Registrar of the Supreme Court, above n 1, at [22]–[23].
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