Steele v Board of Trustees of Salisbury School

[2013] NZHC 919

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CIV-2012-442-394 [2013] NZHC 919

BETWEEN  MARCUS JAMES STEELE Appellant

ANDBOARD OF TRUSTEES OF SALISBURY SCHOOL

Respondent

Hearing:         On the papers

Counsel:         Appellant in Person

D O'Neill for Respondent

Judgment:      30 April 2013

In accordance with r 11.5 I direct that the delivery time of this judgment is 3.30 pm on the 30th day of April 2013.

COSTS JUDGMENT OF MACKENZIE J

[1]      Counsel for the respondent has filed a memorandum dated 5 March 2013 seeking costs on the abandonment of this appeal by Mr Steele.  No memorandum in response has been filed.

[2]      I consider the ordinary rule, that the party who fails with respect to the proceeding should pay costs to the party who succeeds, should apply.[1]     The abandonment of the appeal means that the appellant is to be treated as the unsuccessful party and the respondent as the successful party.

[1] High Court Rules, r 14.2(a).

[3]      Counsel for the respondent has calculated costs on a category 2 band B basis at $3,383.00.  I consider that that is the appropriate basis for an award.

STEELE V BOARD OF TRUSTEES OF SALISBURY SCHOOL HC NEL CIV-2012-442-394 [30 April 2013]

[4]      The  appellant  is  ordered  to  pay  the  respondent’s  costs  in  the  sum  of

$3,383.00.

“A D MacKenzie J”

Solicitors:           Cooney Law, Cambridge, for Respondent. Copy to:     Mr Steele.