Sisson v Commissioner of Inland Revenue

[2017] NZHC 185

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-000304 [2017] NZHC 185

BETWEEN

THERESE ANNE SISSON

Applicant

AND

THE COMMISSIONER OF INLAND REVENUE

First Respondent

RAYMOND DONNELLY Second Respondent

Hearing:	13-16 February 2017
Appearances:	Applicant Appears In Person S Kinsler, P J Shamy and S L Russell for First Respondent S Kinsler for Second Respondent
Judgment:	16 February 2017

ORAL JUDGMENT OF GENDALL J

[1]      These proceedings have been the subject of a call in this Court following what I understand is a protest to jurisdiction brought on behalf of the respondents. The matter was called today, 16 February 2017, and the applicant Ms Sisson has filed a notice of discontinuance of the proceeding.   Leave to discontinue the proceeding is granted.

[2]      As to costs with respect to the proceeding and the notice of discontinuance Mr Kinsler, counsel for both the first respondent and the second respondent, has indicated today that the second respondent does not seek costs with respect to the

proceeding or the discontinuance.

SISSON v THE COMMISSIONER OF INLAND REVENUE [2017] NZHC 185 [16 February 2017]

[3]      The first respondent the Commissioner of Inland Revenue, however, does seek costs relating to the proceeding and the discontinuance and Ms Sisson the plaintiff/applicant indicates these are opposed.

[4]      That said, the following timetable with respect to the costs issue is now directed:

(a)      By  24  February  2017  counsel  for  the  Commissioner  of  Inland Revenue is to file and serve his submissions in support of the application for costs.

(b)By 10 March 2017 the plaintiff/applicant Ms Sisson is to file and serve her submissions in response.

(c)      By 17 March 2017 counsel for the Commissioner of Inland Revenue is to file and serve any reply submissions he may wish to put before the Court.

(d)The Registrar is to allocate a hearing of that costs issue, this to take place alongside other costs matters between these and related parties. That hearing is to require one half day and to be allocated at the first available and suitable date.

...................................................

Gendall J

Solicitors:

Lane Neave, Christchurch

Phillip Shamy, Christchurch

Meredith Connell, Christchurch

Copy to Ms Sisson