CITY FINANCIAL INVESTMENT COMPANY (NEW ZEALAND) LIMITED v TRANSPOWER NEW ZEALAND LIMITED [2018] NZHC 1981

CITY FINANCIAL INVESTMENT COMPANY (NEW ZEALAND) LIMITED v TRANSPOWER NEW ZEALAND LIMITED [2018] NZHC 1981

The parties' agreed Category 2 categorisation binds subsequent cost determinations absent special reasons; no special reasons existed to re-categorise to Category 3. City Financial's requests for 50% reductions in respondents' costs were unjustified because respondents' successful positions were closely related to the court's reasoning and the Authority's lack of fuller reasons did not materially affect cost outcomes. Specific Band allocations were adjusted: Authority limited to Band B for item 33; Transpower limited to Band B for item 2, awarded Band C five days for affidavit preparation, awarded Band C for written submissions on appeal, and entitled to claimed allowances for items 55...

Citation
[2018] NZHC 1981
Parties
Applicant/appellant: City Financial Investment Company (New Zealand) Limited; First Respondent: Transpower New Zealand Limited; Second Respondent: The Electricity Authority
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 August 2018
Procedural Posture
Judicial Review and Related Appeal Under the Judicial Review Procedure Act 2016 / Costs Determination Following Judgment (judgment Dated 21 June; Costs Reserved; Decision Delivered 6 August 2018)
Outcome
Costs determined: Category 2 categorisation upheld; no reductions granted to City Financial; specified banding adjustments made to respondents' costs claims; parties to calculate costs or seek Registrar determination of residual issues.
Legal Topics
Categorisation Under High Court Rules, Costs Assessment and Banding, Judicial Review of Regulatory Decision, Reasons for Decision, Proportionality of Costs
Administrative Law Civil Procedure Regulatory Law Energy/electricity Regulation Costs Law Categorisation Under High Court Rules Costs Assessment and Banding Judicial Review of Regulatory Decision +2 more

Case Brief

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Parties

City Financial Investment Company (New Zealand) Limited

Applicant/appellant

Transpower New Zealand Limited

First Respondent

The Electricity Authority

Second Respondent

Procedural Posture

Judicial Review and Related Appeal Under the Judicial Review Procedure Act 2016 / Costs Determination Following Judgment (judgment Dated 21 June; Costs Reserved; Decision Delivered 6 August 2018)

Legal Issues

  1. 1 Whether the agreed initial categorisation (Category 2) should stand or be re-categorised to Category 3
  2. 2 Whether reductions in costs are justified under r 14.7(f)(ii) and r 14.7(g) of the High Court Rules 2016
  3. 3 Appropriate band allocations for specific costs items claimed by Transpower and the Electricity Authority

Ratio Decidendi

The parties' agreed Category 2 categorisation binds subsequent cost determinations absent special reasons; no special reasons existed to re-categorise to Category 3. City Financial's requests for 50% reductions in respondents' costs were unjustified because respondents' successful positions were closely related to the court's reasoning and the Authority's lack of fuller reasons did not materially affect cost outcomes. Specific Band allocations were adjusted: Authority limited to Band B for item 33; Transpower limited to Band B for item 2, awarded Band C five days for affidavit preparation, awarded Band C for written submissions on appeal, and entitled to claimed allowances for items 55...

Court Disposition

Costs determined: Category 2 categorisation upheld; no reductions granted to City Financial; specified banding adjustments made to respondents' costs claims; parties to calculate costs or seek Registrar determination of residual issues.

Orders

  • Proceedings categorised as Category 2 for all subsequent cost determinations
  • No reduction in Transpower's costs award on the grounds advanced by City Financial