CANTERBURY MEDICAL OFFICER OF HEALTH v BOND MARKETS LIMITED [2018] NZHC 1840
On the parties' joint memorandum and consistent with court practice, the Court ordered by consent that the Canterbury Medical Officer of Health pay Bond Markets Ltd costs of $17,840 and disbursements of $1,833.79; the Licensing Inspectors do not seek and are not liable for costs.
Source-derived case information.
- Citation
- [2018] NZHC 1840
- Parties
- Appellant: Canterbury Medical Officer of Health; Respondent: Bond Markets Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 July 2018
- Procedural Posture
- Administrative Appeal (licensing) / Costs Determination (post Judgment)
- Outcome
- By consent, costs awarded to respondent; earlier dismissal of appeal stands and costs fixed.
- Legal Topics
- Costs, Appeal From Tribunal Decision, Disbursements, Liability for Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canterbury Medical Officer of Health
Appellant
Bond Markets Limited
Respondent
Procedural Posture
Administrative Appeal (licensing) / Costs Determination (post Judgment)
Legal Issues
- 1 Entitlement to costs between parties following dismissal of appeal
- 2 Quantum of costs to be awarded
- 3 Liability of Licensing Inspectors for other parties' costs
Ratio Decidendi
On the parties' joint memorandum and consistent with court practice, the Court ordered by consent that the Canterbury Medical Officer of Health pay Bond Markets Ltd costs of $17,840 and disbursements of $1,833.79; the Licensing Inspectors do not seek and are not liable for costs.
Court Disposition
By consent, costs awarded to respondent; earlier dismissal of appeal stands and costs fixed.
Orders
- The Canterbury Medical Officer of Health is to pay to Bond Markets Ltd costs of $17,840.
- The Canterbury Medical Officer of Health is to pay to Bond Markets Ltd disbursements of $1,833.79.
Full Case Text
Judgment text and source record
1 paragraphs
CANTERBURY MEDICAL OFFICER OF HEALTH v BOND MARKETS LIMITED [2018] NZHC 1840 [25July 2018]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2017-409-000773[2018] NZHC 1840BETWEEN CANTERBURY MEDICAL OFFICER OFHEALTHAppellantAND BOND MARKETS LIMITEDRespondentHearing: Determined on the PapersCounsel: C Browne for AppellantI J Thain and I E Scorgie for ResponodentJudgment: 25 July 2018JUDGMENT OF GENDALL J(As to Costs)[1] On 21 March 2018, I issued my judgment in this proceeding dismissing theappeal by the appellant, the Canterbury Medical Officer of Health, against a decisionof the Alcohol Regulatory and Licensing Authority relating to premises known as NewWorld Bishopdale operated by the respondent. In doing so I reserved the issue of costsand directed that counsel file and serve submissions on costs in the event they wereunable to agree on the question.[2] Counsel have now filed a joint memorandum on costs dated 19 July 2018which indicates they have reached agreement on costs.[3] Counsel advise they now jointly seek orders as to costs as between theCanterbury Medical Officer of Health and Bond Markets Ltd.[4] Counsel for the Licensing Inspectors have filed a memorandum dated 9 April2018 in which they confirm the Inspectors do not seek costs orders here. This is onthe basis that they are not liable for any other party's costs. No issue is taken on thisby the other parties. This is noted and confirmed.[5] So far as costs between the Canterbury Medical Officer of Health and BondMarkets Ltd are concerned, however, by consent an order is now made that theCanterbury Medical Officer of Health is to pay to Bond Markets Ltd costs on thisproceeding amounting to $17,840 together with disbursements amounting to$1833.79....................................................Gendall JSolicitors:Wilson Harle, AucklandDLA Piper, Auckland