DEVONPORT HERITAGE INCORPORATED AND ORS V NORTH SHORE CITY COUNCIL AND ANOR HC AK CIV-2009-404-7748

DEVONPORT HERITAGE INCORPORATED AND ORS V NORTH SHORE CITY COUNCIL AND ANOR HC AK CIV-2009-404-7748

The Court found the Environment Court had not admitted evidence on archaeology contrary to its ruling; the appellants' contention that the appeals were rendered academic failed. Redback was entitled to costs on the three proceedings. Indemnity costs were declined because the recusal/interim application was not frivolous or vexatious, but increased costs were justified: the interim application was categorised as category 3 with band B time allowances, yielding assessed costs and disbursements as specified.

Citation
openlaw-7f72eda2_1a38_4f83_bab7_c825d2e9d452.pdf
Parties
First Appellant / First Plaintiff: Devonport Heritage Incorporated; Second Appellant / Second Plaintiff: Masonic Friendly Society Incorporated; Third Appellant / Third Plaintiff: New Zealand Historic Places Trust (Pouhere Taonga); First Respondent / Second Defendant: North Shore City Council; Second Respondent / Third Defendant: Redback Develop Limited; First Defendant: The Environment Court
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 July 2010
Procedural Posture
Appeals Under S 299 Resource Management Act 1991 and Related Review/recusal Application / Withdrawal of Appeals; Costs Determination (judgment on the Papers)
Outcome
Costs awarded to respondent Redback; indemnity costs denied; increased costs awarded for interim relief
Legal Topics
Recusal, Stay Pending Appeal, Archaeological Evidence Admissibility, Without‑notice Applications and Disclosure Duties, Indemnity and Increased Costs, Costs Categorisation and Scale
Resource Management Civil Procedure Judicial Review Costs Law Recusal Stay Pending Appeal Archaeological Evidence Admissibility Without‑notice Applications and Disclosure Duties +2 more

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Parties

Devonport Heritage Incorporated

First Appellant / First Plaintiff

Masonic Friendly Society Incorporated

Second Appellant / Second Plaintiff

New Zealand Historic Places Trust (Pouhere Taonga)

Third Appellant / Third Plaintiff

North Shore City Council

First Respondent / Second Defendant

Redback Develop Limited

Second Respondent / Third Defendant

The Environment Court

First Defendant

Procedural Posture

Appeals Under S 299 Resource Management Act 1991 and Related Review/recusal Application / Withdrawal of Appeals; Costs Determination (judgment on the Papers)

Legal Issues

  1. 1 Whether the Environment Court had effectively admitted previously excluded archaeological evidence so as to render the High Court appeals moot
  2. 2 Whether costs should lie where they fall or be awarded to respondent Redback
  3. 3 Whether indemnity or increased costs should be awarded for the without‑notice interim relief application

Ratio Decidendi

The Court found the Environment Court had not admitted evidence on archaeology contrary to its ruling; the appellants' contention that the appeals were rendered academic failed. Redback was entitled to costs on the three proceedings. Indemnity costs were declined because the recusal/interim application was not frivolous or vexatious, but increased costs were justified: the interim application was categorised as category 3 with band B time allowances, yielding assessed costs and disbursements as specified.

Court Disposition

Costs awarded to respondent Redback; indemnity costs denied; increased costs awarded for interim relief

Orders

  • Appellants/plaintiffs to pay Redback costs of $3,680 on the three proceedings
  • Appellants/plaintiffs to pay Redback costs of $5,925 and disbursements of $904.95 (including photocopying $61.20) on the application for interim relief