IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV-2014-409-000573 [2015] NZHC 1000
BETWEEN R W SUTTON AND OTHERS
Applicants
AND
CANTERBURY REGIONAL COUNCIL First Respondent
INFINITY INVESTMENT GROUP LIMITED AND ANOTHER
Second Respondents
Judgment: 12 May 2015
JUDGMENT OF GENDALL J (As to Costs)
SUTTON v CANTERBURY REGIONAL COUNCIL [2015] NZHC 1000 [12 May 2015]
Background
[1] On 27 February 2015, I gave judgment in this proceeding,1 such that the applicants (the Suttons and Lone Star Farms) were largely successful. Their application for judicial review was granted, the decision of the Canterbury Regional Council (the Council) in question was set aside and matters were referred back to the Council for a reconsideration. Costs were reserved, and I directed the parties to file memoranda on the question if they were unable to agree on any issue of costs between them.2
[2] They have been unable to agree and memoranda have now been filed by counsel as follows:
(a) Memorandum dated 18 March 2015 from counsel for the Suttons and
Lone Star Farms;
(b)Memorandum dated 25 March 2015 from counsel for the second respondents (Infinity); and
(c) Memorandum dated 10 April 2015 from counsel for the Council.
These memoranda have now been referred to me. As no party has expressed a wish to be heard on the matter, this decision is made based on the material before the Court.
[3] Counsel for the applicants, the Suttons and Lone Star has filed submissions seeking costs on a 2B basis against the second respondents Infinity only in the sum of $25,671.00 plus disbursements of $6,931.41.
[4] In response, Infinity denies that it should be held liable for the applicants’
costs, and further Infinity itself seeks costs here from the Council.
[5] The Council opposes any award of costs against it. This is on the basis that it says it did not oppose the application to this Court for judicial review of its decision and also it gave notice it would merely abide the decision of the Court on the application.
Applicants’ (the Suttons’ and Lone Star’s) submissions on costs
[6] As I have noted, the Suttons and Lone Star as the successful parties here seek costs on a 2B basis against Infinity in the sum of $25,671.00 plus disbursements of
$6,931.41. The applicants however do not seek any award of costs against the Council. They also seek leave however to recover the expenses of Ms Keri Johnston as an expert witness. These expenses are a disbursement that requires the approval of the Court under r 14.12(2)(a)(i), not being a disbursement listed in r 14.12(1)(b).3
Recovery of this witness expense is sought on the basis that it is said this evidence was necessary to enable the Court to deal with the issue before it, and the costs are reasonable.
[7] Counsel for the applicants has submitted the following calculation of their costs calculated on a 2B basis and disbursements:
Costs Daily rate $1,990.00 Step
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- Case
- [2015] NZHC 1000
- Decision Date
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