COROMANDEL PENINSULA COURIERS LTD v NEW ZEALAND TRANSPORT AGENCY [2019] NZHC 1813
Because the respondent acknowledged entitlement to Scale 2B costs and the applicant had initially miscalculated the hearing time, the appropriate costs award was Scale 2B reduced to $7,024.50, which the Court orders paid to the applicant.
Source-derived case information.
- Citation
- [2019] NZHC 1813
- Parties
- Applicant: Coromandel Peninsula Couriers Limited; Respondent: New Zealand Transport Agency
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 July 2019
- Procedural Posture
- Judicial Review / Costs Judgment
- Outcome
- Costs awarded to applicant
- Legal Topics
- Judicial Review, Interim Relief, Costs, Land Transport Act 1998
Source-derived case record
Summary, issues, holding and outcome
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Parties
Coromandel Peninsula Couriers Limited
Applicant
New Zealand Transport Agency
Respondent
Procedural Posture
Judicial Review / Costs Judgment
Legal Issues
- 1 Whether the applicant was entitled to interim relief
- 2 Whether the applicant was entitled to costs and the correct quantum under Scale 2B
Ratio Decidendi
Because the respondent acknowledged entitlement to Scale 2B costs and the applicant had initially miscalculated the hearing time, the appropriate costs award was Scale 2B reduced to $7,024.50, which the Court orders paid to the applicant.
Court Disposition
Costs awarded to applicant
Orders
- Applicant awarded costs in the sum of $7,024.50
- Costs awarded on Scale 2B; initial claim of $7,582 corrected for miscalculation
Full Case Text
Judgment text and source record
1 paragraphs
COROMANDEL PENINSULA COURIERS LTD v NEW ZEALAND TRANSPORT AGENCY [2019] NZHC1813 [30 July 2019]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2019-404-001000[2019] NZHC 1813UNDER the Judicial Review Procedure Act 2016IN THE MATTER of a decision made pursuant to the LandTransport Act 1998BETWEEN COROMANDEL PENINSULA COURIERSLIMITEDApplicantAND NEW ZEALAND TRANSPORT AGENCYRespondentHearing: On the papersJudgment: 30 July 2019JUDGMENT OF DOWNS J(Costs)This judgment was delivered by me on Tuesday, 30 July 2019 at 3 pmpursuant to r 11.5 of the High Court Rules.Registrar/Deputy RegistrarSolicitors/Counsel:Fortune Manning, Auckland.Meredith Connell, Auckland.[1] Coromandel Peninsula Couriers Ltd successfully obtained interim relief. TheNew Zealand Transport Agency acknowledges the company is entitled to 2B costs. Iaward them in the sum of $7,024.50.1..Downs J1 The company initially sought $7,582, but this included a miscalculation of the hearing time.