Smith v Attorney-General

[2010] NZCA 336

IN THE COURT OF APPEAL OF NEW ZEALAND

CA555/2008
[2010] NZCA 336

BETWEENPHILIP SMITH

Appellant

ANDTHE ATTORNEY-GENERAL

Respondent

Hearing:20 May 2010

Court:Hammond, Arnold and Baragwanath JJ

Counsel:T Ellis and G Edgeler for Appellant

C J Curran for Respondent

Judgment:30 July 2010 at 11 am

JUDGMENT OF THE COURT (NO. 2) (COSTS)

There will be no order for costs.

REASONS OF THE COURT

(Given by Hammond J)

[1]        We delivered a judgment in this proceeding on 23 June 2010.[1]  At [92] we reserved costs.

[1]      Smith v Attorney-General [2010] NZCA 258.

[2]        We have now had memoranda from counsel.

[3]        There will be no order for costs.  First, Mr Smith enjoyed some, albeit slight, success in a matter of the law relating to Crown obligations to prisoners.  Second, Mr Smith is a long-term serving prisoner.  There is no practical prospect of securing payment.

Solicitors:

Nat Dunning Law, Wellington for Appellant

Crown Law Office, Wellington for Respondent