Ward Ranch Limited v Minister of Conservation /Te Papa Atawhai

[2018] NZHC 3308

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2017-419-000298

[2018] NZHC 3308

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:	14 December 2018

JUDGMENT OF WYLIE J

[Costs]

This judgment was delivered by Justice Wylie On 14 December 2018 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 v THE MINISTER OF CONSERVATION/TE PAPA ATAWHAI [2018] NZHC 3308 [14

December 2018]

[1]                  I refer to my reserved judgment dated 8 November 2018.1 I concluded that neither of the plaintiff’s causes of action were time barred by either the Limitation Act 1950 or the Limitation Act 2010.2 I held that the plaintiff was entitled to one set of costs and its reasonable disbursements.3

[2]                  The plaintiff has sought costs on a 2B basis, together with disbursements, in the total sum of $22,634.50. I have received memoranda from counsel for both the first and second defendants. They do not dispute the plaintiff’s costs calculation and have advised that they are taking steps to pay their respective half shares of the costs and disbursements sought.

[3]                  Accordingly, I make an order for costs in favour of the plaintiff, and against the first and second defendants, in the sum of $22,634.50. The costs award is joint and several, although I do not imagine that that will cause any difficulties in the present case.

Wylie J

1      Ward Ranch Ltd v Minister of Conservation/Te Papa Atawhai [2018] NZHC 2893.

2 At [50].

3 At [51].