LWEE, YAP v TENANCY TRIBUNAL AND TURNER [2013] NZHC 2169

LWEE, YAP v TENANCY TRIBUNAL AND TURNER [2013] NZHC 2169

Under s99A the Court exercised its discretion and, having found the judicial review application lacked merit and noting that counsel assisting performed a valuable role and the landlords had engaged counsel at judicial review stage, it was just to award costs; the applicants were ordered to pay $2,000 to the...

Source-derived case information.

Citation
[2013] NZHC 2169
Parties
First Applicant: Violet Lwee; Second Applicant: Jimmy Yap; First Respondent: Tenancy Tribunal; Second Respondent: Jason Turner
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 August 2013
Procedural Posture
Judicial Review / Costs Decision
Outcome
Judicial review dismissed; costs awarded to counsel assisting under s99A.
Legal Topics
Natural Justice, Counsel Assisting, Section 99 a Judicature Act 1908, Tenancy Tribunal Procedure, Discretionary Costs
Tenancy Law Administrative Law Judicial Review Civil Procedure Costs Law Natural Justice Counsel Assisting Section 99 a Judicature Act 1908 +2 more

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Parties

Violet Lwee

First Applicant

Jimmy Yap

Second Applicant

Tenancy Tribunal

First Respondent

Jason Turner

Second Respondent

Procedural Posture

Judicial Review / Costs Decision

Legal Issues

  1. 1 Whether counsel assisting is entitled to costs under s99A Judicature Act 1908
  2. 2 Whether the Tenancy Tribunal decision should be set aside for breach of natural justice
  3. 3 Whether an award of costs is just given the informal Tenancy Tribunal context and the merits of the application

Ratio Decidendi

Under s99A the Court exercised its discretion and, having found the judicial review application lacked merit and noting that counsel assisting performed a valuable role and the landlords had engaged counsel at judicial review stage, it was just to award costs; the applicants were ordered to pay $2,000 to the Ministry of Justice.

Court Disposition

Judicial review dismissed; costs awarded to counsel assisting under s99A.

Orders

  • Applicants to pay $2,000 by way of costs to the Ministry of Justice