Sutton v Canterbury Regional Council

Sutton v Canterbury Regional Council was a proceeding for judicial review of a decision of the Canterbury Regional Council (the Council) in relation to a water resource consent. The applicants, the Suttons and Lone Star Farms, were largely successful. Their application for judicial review was granted, the Council’s decision in question was set aside and matters were referred back to the Council for reconsideration. Costs were reserved and the parties directed to file memoranda if they were unable to agree on any issue of costs between them. They were unable to agree and memoranda were filed by counsel for the Suttons and Lone Star, Infinity and the Council. The Suttons and Lone Star sought costs on a 2B basis against Infinity only, in the sum of $25,671.00 plus disbursements of $6,931.41. Infinity denied that it should be held liable for the applicants’ costs, and further sought costs from the Council. The Council opposed any award of costs against it. The Court held that the applicants were entitled to their costs and disbursements as claimed. The Council should be liable for 20 per cent of the applicants’ total 2B costs and disbursements. Infinity was liable for 80 per cent of the applicants’ total 2B costs and disbursements. The Court dismissed Infinity’s application for an order for the Council to meet Infinity’s costs.