WELLINGTON MARINE CONSERVATION TRUST AND ANOR V SAVE THE POINT INCORPORATED AND ANOR HC WN CIV 2007-485-2288

WELLINGTON MARINE CONSERVATION TRUST AND ANOR V SAVE THE POINT INCORPORATED AND ANOR HC WN CIV 2007-485-2288

The court exercised its discretion to consider the late application because no prejudice was caused, accepted the time and daily recovery rate claimed as reasonable, and therefore awarded costs of $640 to the successful respondent, to be split equally between the two appellants.

Citation
openlaw-7a411b49_b3ca_42e0_b86d_57c95d8cf003.pdf
Parties
First Appellant: Wellington Marine Conservation Trust; Second Appellant: Wellington City Council; First Respondent: Save The Point Incorporated; Second Respondent: Chris Webster
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 September 2008
Procedural Posture
Appeal Under Resource Management Act 1991 S299 / Costs Determination After Appeals Were Abandoned
Outcome
Costs awarded to the first respondent in the sum of $640, to be paid equally by the first and second appellants
Legal Topics
Costs, Abandonment, Case Management, Procedural Compliance
Resource Management Environmental Law Civil Procedure Costs Abandonment Case Management Procedural Compliance

Case Brief

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Parties

Wellington Marine Conservation Trust

First Appellant

Wellington City Council

Second Appellant

Save The Point Incorporated

First Respondent

Chris Webster

Second Respondent

Procedural Posture

Appeal Under Resource Management Act 1991 S299 / Costs Determination After Appeals Were Abandoned

Legal Issues

  1. 1 Whether a late application for costs may be considered
  2. 2 Whether costs should be awarded following abandonment of appeals
  3. 3 Whether costs should be apportioned between multiple appellants

Ratio Decidendi

The court exercised its discretion to consider the late application because no prejudice was caused, accepted the time and daily recovery rate claimed as reasonable, and therefore awarded costs of $640 to the successful respondent, to be split equally between the two appellants.

Court Disposition

Costs awarded to the first respondent in the sum of $640, to be paid equally by the first and second appellants

Orders

  • First respondent awarded costs of $640 to be paid equally by the first and second appellants ($320 each)