Smith v Attorney-General on behalf of the Department of Corrections

[2017] NZHC 821

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-001599 [2017] NZHC 821

UNDER

the Judicature Amendment Act 1972

Part 30 of the High Court Rules
and the New Zealand Bill of Rights Act
1990

IN THE MATTER

of an application for judicial review

BETWEEN

PHILLIP JOHN SMITH Plaintiff

AND

THE ATTORNEY-GENERAL ON BEHALF OF THE DEPARTMENT OF CORRECTIONS

Defendant

Hearing:	On the papers
Judgment:	28 April 2017

COSTS JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie

On 28 April 2017 at 12.30pm Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors:

Crown Law, Wellington

Copy to: Mr P J Smith

SMITH v THE ATTORNEY-GENERAL ON BEHALF OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 821 [28 April 2017]

[1]      I refer to my judgment of 16 March 2017.1   I recorded that Mr Smith might be entitled to an award of any reasonable disbursements he incurred, and reserved leave to him to file a memorandum in that regard.

[2]      Memoranda have now been filed.  Mr Smith and the Attorney-General have agreed on the appropriate award of disbursements.   Accordingly, I award disbursements as follows:

(a)       $3,450.00 (for professional assistance from Dr A Ellis); (b)     $35.00 (phone cards);

(c)       $22.10 (stationary).

[3]      There is no allowance for filing fees. They were waived.

[4]      Accordingly,  I  make  an  order  for  the  payment  of  disbursements  by  the defendant to the plaintiff in the sum of $3,507.10.

Wylie J

1      Smith v The Attorney-General [2017] NZHC 463.