Ward Ranch Limited v Minister of Conservation Te Papa Atawhai

[2019] NZHC 141

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2017-419-000298

[2019] NZHC 141

BETWEEN

WARD RANCH LIMITED

Plaintiff

AND

THE MINISTER OF CONSERVATION/TE PAPA ATAWHAI

First Defendant

AUCKLAND/WAIKATO FISH AND GAME COUNCIL

Second Defendant

Hearing:	On the papers
Judgment:	13 February 2019

SUPPLEMENTAL JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie On13 February 2019 at 11.30am

Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors/counsel:

Evans Bailey Ltd/P M Lang, Hamilton Crown Law/R L Roff, Wellington

Quin Law/S W Hughes QC/S J Ongley, New Plymouth

WARD RANCH LTD v THE MINISTER OF CONSERVATION/TE PAPA ATAWHAI [2019] NZHC 141 [13
February 2019]

[1]I refer to my costs judgment dated 14 December 2018.

[2]        In that judgment, I made an order for costs in favour of the plaintiff and against the first and second defendants, in the sum of $22,634.50.

[3]I did not deal with disbursements.  I overlooked doing so.

[4]        The issue of disbursements had been raised in a memorandum filed by counsel for the plaintiff. He recorded – in para [4] of that memorandum – that the plaintiff had incurred disbursements of $3,200 – being the setting down fee of $1,600 and a hearing fee of $1,600. Counsel for the plaintiff seeks an amendment to the costs order.

[5]        The memorandum has been forwarded to both defendants. They have not filed any response to the same.

[6]        I do not see that an amendment to the earlier costs order is required. Rather, my earlier judgment did not deal with disbursements. In my view, it is open to me now to issue a supplemental judgment, dealing with the issue of disbursements.

[7]        There is no challenge to the quantum of the disbursements claimed by the plaintiff, and counsel for the plaintiff has confirmed that the disbursements were paid by his client.

[8]        Accordingly, I make an order against the first and second defendants jointly, directing them to pay the disbursements incurred by the plaintiff in the sum of $3,200.

Wylie J