CHALLENGE ENTERPRISES LIMITED v NEW ZEALAND POLICE & ORS [2016] NZHC 1501
Because the Trust's involvement in preparation of the three contested memoranda was limited, the court declined to award full costs for those items and substituted a fixed amount of $1000 for them, while awarding the other uncontested costs, resulting in a total costs award of $26,304.50 against the appellant.
Source-derived case information.
- Citation
- [2016] NZHC 1501
- Parties
- Appellant: CHALLENGE ENTERPRISES LIMITED; Respondent: NEW ZEALAND POLICE; Respondent: CANNONSCREEK OPPORTUNITY CENTRE; Respondent: MEDICAL OFFICER OF HEALTH; Respondent: PORIRUA WHANAU CENTRE TRUST
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 4 July 2016
- Procedural Posture
- Appeal Under Sale of Liquor Act 1989 (ss138 139) / Costs Judgment Following Abandoned Appeal
- Outcome
- Porirua Whanau Centre Trust awarded costs against Challenge Enterprises Limited; partial reduction for limited involvement resulting in total award of $26,304.50.
- Legal Topics
- Costs, Appeal, Case Management, Joint Memoranda, Cost Assessment
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
CHALLENGE ENTERPRISES LIMITED
Appellant
NEW ZEALAND POLICE
Respondent
CANNONSCREEK OPPORTUNITY CENTRE
Respondent
MEDICAL OFFICER OF HEALTH
Respondent
PORIRUA WHANAU CENTRE TRUST
Respondent
Procedural Posture
Appeal Under Sale of Liquor Act 1989 (ss138 139) / Costs Judgment Following Abandoned Appeal
Legal Issues
- 1 Whether Porirua Whanau Centre Trust was entitled to full costs for memoranda it did not file
- 2 Whether limited involvement in drafting/negotiating justifies reduction of claimed costs
- 3 Assessment of overall costs award following abandonment of appeal
Ratio Decidendi
Because the Trust's involvement in preparation of the three contested memoranda was limited, the court declined to award full costs for those items and substituted a fixed amount of $1000 for them, while awarding the other uncontested costs, resulting in a total costs award of $26,304.50 against the appellant.
Court Disposition
Porirua Whanau Centre Trust awarded costs against Challenge Enterprises Limited; partial reduction for limited involvement resulting in total award of $26,304.50.
Orders
- Porirua Whanau Centre Trust is awarded costs against Challenge Enterprises Limited in the sum of $26,304.50
- A reduced sum of $1,000 is substituted for the three contested memorandum preparation items
Full Case Text
Judgment text and source record
1 paragraphs
CHALLENGE ENTERPRISES LIMITED v NEW ZEALAND POLICE & ORS [2016] NZHC 1501 [4 July 2016]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2013-485-10277[2016] NZHC 1501UNDER Sections 138 and 139 of the Sale of LiquorAct 1989IN THE MATTER of a reserved decision of the AlcoholRegulatory and Licensing Authority dated22 February 2013 in respect of applicationN° 046/ON/526/2013BETWEEN CHALLENGE ENTERPRISES LIMITEDAppellantAND NEW ZEALAND POLICE, CANNONSCREEK OPPORTUNITY CENTRE,MEDICAL OFFICER OF HEALTH, ANDPORIRUA WHANAU CENTRE TRUSTRespondentsHearing: On the papersCounsel: G Manktelow for AppellantA Knowsley for Porirua Whanau Centre TrustA Pazin for Medical Officer of HealthT Smith for New Zealand PoliceJudgment: 4 July 2016JUDGMENT OF WILLIAMS JCosts[1] The Porirua Whanau Centre Trust seeks costs against Challenge Enterprises in respect of an abandoned appeal by Challenge Enterprises. The other two respondents to the appeal, the New Zealand Police and the Medical Officer of Health, do not seek costs.[2] Challenge Enterprises contests three of the items claims by the Porirua Whanau Centre Trust but not the other items.[3] The contested items are:(a) a joint memorandum for the case management conference filed on 12 June 2014 ($796) which was filed by the appellant's counsel;(b) a joint memorandum for the case management conference filed on 9 September 2015 ($892) which was filed by the solicitors for the New Zealand Police;(c) preparation for and appearance at a pre-trial conference on 9 February 2015 ($1,115).[4] It is correct that the two memoranda referred to were not filed by the solicitor for the Porirua Whanau Centre Trust. Counsel claims entitlement to these costs on the basis of involvement with negotiating and drafting of the memoranda in order to arrive at the joint position.[5] In relation to the third item, Mr Manktelow submits that the joint memorandum in relation to that hearing was filed by the solicitors for the New Zealand Police. That is correct. He also submits that the hearing was a chambers hearing not a pre-trial conference. Such a distinction is immaterial. However, although Mr Knowsley appeared at the hearing, Mr Manktelow is correct that he did not submit the joint memorandum, and the applications discussed at that hearing were by Mr Manktelow and the Police. Accordingly, the preparation by Mr Knowsley would have been minimal.[6] In light of the limited involvement of Mr Knowsley in the preparation of the three memoranda listed above, I decline full costs for those items and substitute a total of $1000 in recognition of the negotiation and drafting involved. The other costs claimed are awarded, since they have not been contested.[7] This brings the total costs award to $26,304.50.Williams JSolicitors: G Manktelow, Wellington, for AppellantLuke Cunningham Clere, Wellington, for New Zealand PoliceBuddle Findlay, Wellington, for Medical Officer of HealthRainey Collins, Wellington, for Porirua Whanau Centre Trust