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

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.

CaseChat Overview and Summary

Phillip John Smith initiated judicial review proceedings against the Attorney-General on behalf of the Department of Corrections in the High Court of New Zealand. The matter revolves around Smith's entitlement to an award of reasonable disbursements incurred in the course of the proceedings. The application was heard on the papers, and the judgment was delivered by Justice Wylie on 28 April 2017. The court's decision focused on the determination of the appropriate amount of disbursements to be awarded to Smith.

The central legal issue before the court was the quantification of reasonable disbursements that Smith was entitled to recover. The court had to assess the submissions made by both parties regarding the amount of disbursements and decide on an appropriate award based on the evidence provided. The court's decision involved reviewing the nature and necessity of the disbursements claimed by Smith, such as professional assistance, phone cards, and stationary, and determining whether they were reasonable and necessary in the context of the proceedings.

In its judgment, the court awarded Smith reasonable disbursements amounting to $3,507.10. The award included $3,450.00 for professional assistance from Dr. A. Ellis, $35.00 for phone cards, and $22.10 for stationary. The court noted that there was no allowance for filing fees as they had been waived. The court's decision was based on the agreement between Smith and the Attorney-General on the appropriate award of disbursements. The court made an order for the payment of disbursements by the defendant to the plaintiff in the sum of $3,507.10.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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