DE AND ORS V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT CA CA358/07
The Registrar acted correctly: disbursements compensate for money actually paid out and not for time spent, and in the absence of invoices the reduction of stationery claims to $250 was reasonable; the Registrar's sealed order is therefore upheld in these respects, while the question of interest remains outstanding...
Source-derived case information.
- Citation
- openlaw-30e63db0_12d3_4a10_b461_b317bbdc6a5b.pdf
- Parties
- Appellant: DE; Appellant: JE; Appellant: LW; Appellant: CW; Respondent: Chief Executive of the Ministry of Social Development
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 1 August 2008
- Procedural Posture
- Appeal (court of Appeal) / Review of Registrar's Decision on Disbursements Under R 7(2) Court of Appeal (civil) Rules 2005
- Outcome
- Registrar's decision on disbursements affirmed in part: claims for time disallowed; stationery award of $250 upheld; issue of interest reserved for further submissions.
- Legal Topics
- Disbursements, Mc Kenzie Friend, Review of Registrar Decision, Interest on Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
DE
Appellant
JE
Appellant
LW
Appellant
CW
Appellant
Chief Executive of the Ministry of Social Development
Respondent
Procedural Posture
Appeal (court of Appeal) / Review of Registrar's Decision on Disbursements Under R 7(2) Court of Appeal (civil) Rules 2005
Legal Issues
- 1 Whether Registrar correctly disallowed claims for 'out of pocket expenses' for time spent by Mr Smith
- 2 Whether Registrar reasonably reduced stationery claims absent invoices
- 3 Whether interest is payable on outstanding disbursements
Ratio Decidendi
The Registrar acted correctly: disbursements compensate for money actually paid out and not for time spent, and in the absence of invoices the reduction of stationery claims to $250 was reasonable; the Registrar's sealed order is therefore upheld in these respects, while the question of interest remains outstanding and requires submissions.
Court Disposition
Registrar's decision on disbursements affirmed in part: claims for time disallowed; stationery award of $250 upheld; issue of interest reserved for further submissions.
Orders
- Registrar's sealed order dated 14 April 2008 reviewed and affirmed as to disbursements excluding time claims
- Crown to file and serve submissions on interest on or before 13 August 2008 if parties cannot agree
Full Case Text
Judgment text and source record
1 paragraphs
DE AND ORS V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT CA CA358/07 1 August 2008ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF THE APPELLANTS AND THE BABY IN THE COURT OF APPEAL OF NEW ZEALAND CA358/07 [2007] NZCA 453BETWEEN DE First Appellant AND JE Second Appellant AND LW Third Appellant AND CW Fourth Appellant AND CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT Respondent Hearing: 29 August 2007 Counsel: Appellants in person (assisted by H Smith as McKenzie Friend) V C Sim for Respondent Judgment: 1 August 2008 at 10.00 amREVIEW OF REGISTRAR'S DECISION ON DISBURSEMENTS BY GLAZEBROOK J[1] On 18 October 2007 this Court made an order requiring the Chief Executive to pay the appellants' and Mr Smith's reasonable disbursements. Mr Smith had assisted the appellants as McKenzie friend. [2] The Registrar made an order setting the level of Mr Smith's disbursements which was sealed on 14 April 2008.[3] Mr Smith has asked for that order to be reviewed by a Judge under r 7(2) of the Court of Appeal (Civil) Rules 2005. There is an issue as to whether the test for re-opening a sealed judgment is met. [4] The Registrar disallowed claims for "out of pocket expenses" for Mr Smith's time spent on the case and reduced claims for stationery costs to $250. [5] Mr Smith objects to the matters set out at [4] and also claims interest on outstanding sums. [6] I consider that the Registrar acted correctly in relation to the matters set out at [4]. Disbursements relate to money paid out. They do not compensate for time spent – see Collier v Registrar of the High Court CA30/96 20 March 1996. No invoices were provided for the amounts claimed for stationery and the allowance made appears generous. [7] With regard to interest, the Crown is asked, if this matter cannot be agreed, to file and serve submissions on or before 13 August 2008. [8] Mr Smith has until 20 August 2008 to file and serve any submissions in reply.Solicitors: Crown Law Office, Wellington