CO v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2018] NZHC 2247
Because the respondent was the successful party and the applicant filed no memorandum opposing costs, the court awarded costs to the respondent and reserved quantum to be approved by the Registrar.
Source-derived case information.
- Citation
- [2018] NZHC 2247
- Parties
- Applicant: CO; Respondent: Chief Executive, Ministry of Business, Innovation and Employment; First Respondent: Immigration and Protection Tribunal
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 August 2018
- Procedural Posture
- Application for Leave to Judicially Review and Appeal / Costs Determination Following Refusal of Leave
- Outcome
- Costs awarded to respondent; quantum reserved to Registrar.
- Legal Topics
- Leave to Apply for Judicial Review, Leave to Appeal, Costs Award, Confidentiality Under S151 Immigration Act 2009
Source-derived case record
Summary, issues, holding and outcome
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Parties
CO
Applicant
Chief Executive, Ministry of Business, Innovation and Employment
Respondent
Immigration and Protection Tribunal
First Respondent
Procedural Posture
Application for Leave to Judicially Review and Appeal / Costs Determination Following Refusal of Leave
Legal Issues
- 1 Whether respondent is entitled to costs following refusal of leave to judicially review and appeal
- 2 Whether the applicant opposed a costs order
- 3 Who determines the quantum of costs
Ratio Decidendi
Because the respondent was the successful party and the applicant filed no memorandum opposing costs, the court awarded costs to the respondent and reserved quantum to be approved by the Registrar.
Court Disposition
Costs awarded to respondent; quantum reserved to Registrar.
Orders
- Costs awarded to Chief Executive, Ministry of Business, Innovation and Employment
- Quantum of costs to be determined/approved by the Registrar
Full Case Text
Judgment text and source record
1 paragraphs
CO v CHIEF EXECUTIVE, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2018] NZHC2247 [29 August 2018]NOTE: THE CONFIDENTIALITY OF THE NAME OR IDENTIFYINGPARTICULARS OF THE APPELLANT AND OF HIS CLAIM OR STATUSMUST BE MAINTAINED PURSUANT TO S 151 OF THE IMMIGRATION ACT2009IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2017-404-001121[2018] NZHC 2247BETWEEN COApplicantAND CHIEF EXECUTIVE, MINISTRY OFBUSINESS, INNOVATION ANDEMPLOYMENTRespondentCIV-2017-404-001122BETWEEN COApplicantAND IMMIGRATION AND PROTECTIONTRIBUNALFirst RespondentCHIEF EXECUTIVE, MINISTRY OFBUSINESS, INNOVATION ANDEMPLOYMENTSecond RespondentHearing: On the papersCounsel: Applicant in personN Copeland for RespondentsJudgment: 29 August 2018COSTS JUDGMENT OF WHATA JThis judgment was delivered by me on 29 August 2018 at 3.00 pm,pursuant to Rule 11.5 of the High Court Rules.Registrar/Deputy RegistrarDate: .Solicitors: Meredith Connell, Auckland[1] On 14 March 2018, I issued a judgment declining CO's application for leaveto both judicially review and appeal a decision of the Immigration and ProtectionTribunal. The second respondent, the Chief Executive of the Ministry of Business,Innovation, and Employment, now seeks costs.[2] As a successful party, the respondent is prima facie entitled to costs.1 There hasbeen no memorandum filed by the appellant as to why costs should not follow theevent.[3] Costs are therefore granted, with quantum to be approved by the Registrar.1 High Court Rules 2016, r 14.2(1)(a).