Stevryn Holdings Limited v Director of Land Transport

[2021] NZHC 3341

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-354

[2021] NZHC 3341

BETWEEN

STEVRYN HOLDINGS LIMITED

Applicant

AND

THE DIRECTOR OF LAND TRANSPORT

Respondent

Appearances:

No appearance for Applicant

N S Wood and B J M McIntosh for Respondent

Judgment:

7 December 2021

(Determined on the papers)

JUDGMENT OF OSBORNE J

(Costs)

This judgment was delivered by me on 7 December 2021 at 4.20 pm Pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date

STEVRYN HOLDINGS LIMITED v THE DIRECTOR OF LAND TRANSPORT [2021] NZHC 3341 [7

December 2021]

[1]                 The applicant, a freight transport provider, sought judicial review of a decision of the respondent to revoke the applicant’s goods service licence.

[2]The respondent opposed the application.

[3]                 The applicant in issuing its proceeding obtained without notice interim relief in the form of orders for its licence to continue in force. Substantial evidence was filed on both sides in preparation for an on-notice hearing.

[4]                 Subsequently the parties agreed, instead of having an interlocutory hearing, to proceed straight to a substantive hearing which was scheduled for 16 November 2021.

[5]                 On 9 November 2021 the applicant was granted leave to withdraw its application and the interim orders previously made were rescinded.

[6]The costs and disbursements of the proceeding were reserved.

The respondent’s application

[7]The respondent seeks costs on a 2B basis1  together with disbursements.

[8]The proceeding is appropriately a category 2 matter and I so determine.

[9]                 Counsel for the respondent have appropriately calculated the costs by reference to items 2, 11 and 30, schedule 3, High Court Rules, to amount to $10,516. In addition, the respondent claims his disbursement of $95.65 (that representing the GST exclusive amount of its filing fee).

Discussion

[10]             The respondent is entitled to his costs and disbursements as the successful party in this proceeding.2

[11]The sums sought by the respondent are appropriate and will be awarded.

1            High Court Rules 2016, category 2 under r 14.3(1) and band B under r 14.5(2).

2            High Court Rules, r 14.2 (1)(a).

Order

[12]             I order the applicant to pay to the respondent the costs and disbursements of this proceeding fixed in the total sum of $10,611.65.

Osborne J

Solicitors:

Wynn Williams, Christchurch Chapman Tripp, Wellington

Copy to: Director of Applicant

D MacDonald