Sixtus v Ardern

[2022] NZHC 1483

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2022-485-134

[2022] NZHC 1483

BETWEEN

CATHERINE SIXTUS

Applicant

AND

JACINDA ARDERN

First Respondent

KRIS FAAFOI
Second Respondent

ANDREW LITTLE
Third Respondent

ASHLEY BLOOMFIELD

Fourth Respondent

Hearing:

On the papers

Appearances:

First applicant in person

P J Gunn and R M McMenamin for the Respondents

Judgment:

23 June 2022

JUDGMENT NO 2 OF COOKE J

(Costs)

[1]        The memorandum of counsel for the respondent dated 8 June and from the applicant dated 21 June have been referred to me.

[2]        I accept the applicant’s submission that Ms Kiri Campbell was not intended to be a party to this proceeding and direct that she be removed as a party. The consequence is that she will not be liable for any costs award.

SIXTUS v ARDERN [2022] NZHC 1483 [23 June 2022]

[3]        There is no reason to depart from the usual rule that costs are awarded to the successful party, particularly in relation to a proceeding that has been found to be an abuse of process because the matters advanced are unintelligible and/or not within the jurisdiction of the Court.

[4]        The amount claimed by way of costs is in accordance with the schedule. I accordingly award the respondents costs against the applicant in the amount claimed.

Cooke J

Solicitors:

Crown Law, Wellington for the Respondents