IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2014-404-001825 [2015] NZHC 1611
UNDER the Judicature Amendment Act 1972 IN THE MATTER
of an application for judicial review
BETWEEN
SHEN WANG First Plaintiff
QUIONG YAO QIU Second Plaintiff
AND
THE DISTRICT COURT OF NEW ZEALAND, SITTING AT THE NORTH SHORE AND AUCKLAND
First Defendant
TIAN HONG WANG Second Defendant
Hearing: On the papers Appearances:
F C Deliu for Plaintiffs
No appearance by or on behalf of First and Second DefendantsJudgment:
10 July 2015
JUDGMENT OF WOOLFORD J
This judgment was delivered by me on Thursday, 10 July 2015 at 2.00 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors / Counsel:
Dr F C Deliu, Auckland
WANG v THE DISTRICT COURT OF NEW ZEALAND [2015] NZHC 1611 [10 July 2015]
Introduction
[1] On 6 November 2014, I issued judgment for the plaintiffs, allowing a judicial review of the North Shore District Court’s decision to accept charging documents issued by a private prosecutor, who is the second defendant, Mr Tianhong Wang.1
The District Court decision was correspondingly quashed.
[2] The judicial review was allowed on the basis that the charge was not a representative charge in terms of s 20(2) of the Criminal Procedure Act 2011, defects in the formal statements of Mr Wang and the lack of consideration of the position of the two defendants separately.
[3] The plaintiffs, Shen Wang and Qiong Yao Qiu now seek costs against the North Shore District Court, who did not defend the proceedings and abided the decision of this Court. They also seek costs against Mr Wang, who also abided the decision.
Submissions
Plaintiff ’s submissions
[4] While acknowledging the long line of authority which prevents an order for costs against a decision-maker who correctly abides by a decision, counsel for the plaintiff, Mr Deliu, submits that in the current case costs are justified because:
(a) This is the second time in a year that judicial review proceedings have been successfully brought against the Court;2
(b)The sheer number of errors by the Court were extraordinary and require accountability, including errors as to representative charging, declaration of truth, signing and dating, English transliteration, inadmissible hearsay, consideration of each defendant individually
and, possibly, the right to be heard; and
1 Wang v District Court [2014] NZHC 2756.
2 Wang v North Shore District Court [2013] NZHC 3126, [2014] NZAR 101.
(c) That the principle set out in Attorney-General v Chapman, that “remedial protection” is obtained through appellate recourse and complaints3 should apply equally to judicial review, as it is analogous to appellate recourse. If judicial accountability is best accomplished though further litigation, then there is no reason principally why the courts’ ancillary costs jurisdiction would not further accomplish this public policy goal. A costs award would to some extent remedy the plaintiffs’ financial losses and would send a message to the inferior
courts that the High Court will not countenance a plethora of errors.
[5] Mr Deliu…
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CaseChat Overview and Summary
The court dismissed the plaintiffs' claim for costs against both the District Court and Mr Wang. The court found that the plaintiffs' submissions did not meet the test set out in Coroner’s Court v Newton, which requires proving that a judicial officer has acted perversely, oppressively or in bad faith. The court also held that it was unfair to require Mr Wang to be liable for the costs of the proceeding as he had abided by the Court's decision and did not oppose the proceeding. The court concluded that costs should fall where they lie, and there was no basis for awarding costs against either the District Court or Mr Wang.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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