HART v THE STANDARDS COMMITTEE (NO 1) OF THE NEW ZEALAND LAW SOCIETY SC 129/2011
The court awarded costs of $4,170 to the respondent because the respondent sought that amount and the applicant did not oppose the costs order, warranting the exercise of the court's discretion to make the award.
Source-derived case information.
- Citation
- SC 129/2011
- Parties
- Applicant: Barry John Hart; Respondent: The Standards Committee (No 1) of the New Zealand Law Society
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 April 2012
- Procedural Posture
- Application for Leave and Stay to the Supreme Court / Costs Application Following Leave and Stay Applications
- Outcome
- Applicant ordered to pay respondent costs
- Legal Topics
- Costs of Litigation, Stay Application, Leave to Appeal, Professional Conduct Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barry John Hart
Applicant
The Standards Committee (No 1) of the New Zealand Law Society
Respondent
Procedural Posture
Application for Leave and Stay to the Supreme Court / Costs Application Following Leave and Stay Applications
Legal Issues
- 1 Whether the respondent should be awarded costs for the leave and stay applications
- 2 Appropriate quantum of costs
- 3 Effect of applicant not opposing the costs order
Ratio Decidendi
The court awarded costs of $4,170 to the respondent because the respondent sought that amount and the applicant did not oppose the costs order, warranting the exercise of the court's discretion to make the award.
Court Disposition
Applicant ordered to pay respondent costs
Orders
- Applicant to pay the respondent costs of $4,170
Full Case Text
Judgment text and source record
1 paragraphs
HART v THE STANDARDS COMMITTEE (NO 1) OF THE NEW ZEALAND LAW SOCIETY SC 129/2011 [17 April 2012]IN THE SUPREME COURT OF NEW ZEALANDSC 129/2011[2012] NZSC 29BETWEEN BARRY JOHN HARTApplicantAND THE STANDARDS COMMITTEE (NO 1)OF THE NEW ZEALAND LAWSOCIETYRespondentCourt: Elias CJ, Blanchard and William Young JJCounsel: R J Katz QC for ApplicantP N Collins for RespondentJudgment: 17 April 2012JUDGMENT OF THE COURTThe applicant is to pay the respondent costs of $4,170.____________________________________________________________________REASONSThe respondent sought costs in the sum of $4,170 in relation to the applications for leave and a stay. By memorandum of 16 March 2012, counsel for the applicant indicated that he took no issue with the memorandum and did not seek to oppose the order sought.Solicitors:Nigel Cooke, Solicitor, Auckland for ApplicantMark Treleaven, New Zealand Law Society, Auckland for Respondent