ORH1 EXPLORATORY FISHING COMPANY LIMITED AND ANOR V THE MINISTER OF FISHERIES AND ANOR HC WN CIV 2006-485-2099

ORH1 EXPLORATORY FISHING COMPANY LIMITED AND ANOR V THE MINISTER OF FISHERIES AND ANOR HC WN CIV 2006-485-2099

The court exercised its discretion to classify the proceeding as category 3, to place the interim relief application in Band B, to allow costs for a second counsel and travel, to allow 2.5 days for pre-trial preparation, and to disallow any separate allowance for the memorandum of 8 December 2006.

Citation
openlaw-4b059892_60b2_4656_9dba_c697c48f8799.pdf
Parties
First Applicant: ORH1 EXPLORATORY FISHING COMPANY LIMITED; Second Applicant: ESPERANCE FISHING CO LIMITED; Second Applicant: ORNEAGAN DEVELOPMENTS LIMITED; First Respondent: THE MINISTER OF FISHERIES; Second Respondent: THE CHIEF EXECUTIVE OF THE MINISTRY OF FISHERIES
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 February 2007
Procedural Posture
Judicial Review Application / Judgment on Costs
Outcome
Costs to be assessed on the basis of category 3 and Band B with specified allowances and disallowances as set out by the court
Legal Topics
Interim Relief, Costs, Banding, Second Counsel, Pre Trial Preparation
Administrative Law Public Law Civil Procedure Fisheries Law Interim Relief Costs Banding Second Counsel +1 more

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Parties

ORH1 EXPLORATORY FISHING COMPANY LIMITED

First Applicant

ESPERANCE FISHING CO LIMITED

Second Applicant

ORNEAGAN DEVELOPMENTS LIMITED

Second Applicant

THE MINISTER OF FISHERIES

First Respondent

THE CHIEF EXECUTIVE OF THE MINISTRY OF FISHERIES

Second Respondent

Procedural Posture

Judicial Review Application / Judgment on Costs

Legal Issues

  1. 1 Appropriate costs category for the proceeding
  2. 2 Appropriate band for the interim relief application
  3. 3 Entitlement to payment for second counsel and travel

Ratio Decidendi

The court exercised its discretion to classify the proceeding as category 3, to place the interim relief application in Band B, to allow costs for a second counsel and travel, to allow 2.5 days for pre-trial preparation, and to disallow any separate allowance for the memorandum of 8 December 2006.

Court Disposition

Costs to be assessed on the basis of category 3 and Band B with specified allowances and disallowances as set out by the court

Orders

  • Proceeding categorised as category 3 for costs assessment
  • Interim relief application banded at Band B for costs assessment