DIR SFO V A FIRM OF SOLICITORS AND ANOR CA CA80/06
The appeal having been abandoned and significant preparation by senior counsel having been incurred, the Court awarded fixed costs reflecting preparation: $4,000 and usual disbursements to the first respondent and $4,000 and usual disbursements collectively to interested persons A and B.
Source-derived case information.
- Citation
- openlaw-347b4656_cfd9_466b_b233_542aa2db16af.pdf
- Parties
- Appellant: Director of the Serious Fraud Office; First Respondent: A Firm of Solicitors; Second Respondent: The District Court at Auckland; Interested Person: Interested Person A; Interested Person: Interested Person B
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 11 May 2007
- Procedural Posture
- Appeal / Abandoned by Notice of Abandonment; Costs Determined on the Papers
- Outcome
- Appeal abandoned; costs awarded to first respondent and to interested persons A and B.
- Legal Topics
- Notice of Abandonment, Costs on Abandonment, Quantum of Costs, Procedural Conduct of Appeals
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of the Serious Fraud Office
Appellant
A Firm of Solicitors
First Respondent
The District Court at Auckland
Second Respondent
Interested Person A
Interested Person
Interested Person B
Interested Person
Procedural Posture
Appeal / Abandoned by Notice of Abandonment; Costs Determined on the Papers
Legal Issues
- 1 Whether costs should be awarded following abandonment of an appeal
- 2 What quantum of costs is appropriate for respondents and interested persons where appeal prepared but withdrawn at short notice
- 3 Whether costs can be determined on the papers
Ratio Decidendi
The appeal having been abandoned and significant preparation by senior counsel having been incurred, the Court awarded fixed costs reflecting preparation: $4,000 and usual disbursements to the first respondent and $4,000 and usual disbursements collectively to interested persons A and B.
Court Disposition
Appeal abandoned; costs awarded to first respondent and to interested persons A and B.
Orders
- First respondent awarded costs of $4,000 and usual disbursements.
- Interested persons A and B collectively awarded costs of $4,000 and usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
DIR SFO V A FIRM OF SOLICITORS AND ANOR CA CA80/06 11 May 2007IN THE COURT OF APPEAL OF NEW ZEALAND CA80/06 [2007] NZCA 190BETWEEN THE DIRECTOR OF THE SERIOUS FRAUD OFFICE Appellant AND A FIRM OF SOLICITORS First Respondent AND THE DISTRICT COURT AT AUCKLAND Second Respondent Court: Glazebrook, Hammond and Ellen France JJ Counsel: K P McDonald QC for Appellant J R Billington QC for First Respondent R E Harrison QC for Interested Persons A and B Judgment (on the papers): 11 May 2007 at 11 amJUDGMENT OF THE COURT A The first respondent will have costs of $4,000 and usual disbursements. B Interested persons A and B will collectively have costs of $4,000 and usual disbursements. REASONS OF THE COURT(Given by Hammond J)[1] This appeal was listed for a two day hearing before the above panel, on 8 and 9 May 2007. [2] On 7 May 2007 the appellant filed a Notice of Abandonment and the hearing did not proceed. The appeal has been marked up, in the usual way, as having been abandoned. [3] Anticipating that there would be applications for costs, the appellant has asked the Court "to fix costs in the usual way"; has accepted that costs can be dealt with "on the papers"; and has made no further submissions. [4] The first respondent seeks costs, as do interested persons A and B. For the latter, Mr R E Harrison QC submitted that whilst the appeal had been withdrawn in sufficient time to ensure that no court appearance was necessary, the withdrawal occurred at the very last moment and substantial time was spent in preparation. Mr Harrison seeks an award of costs at a level of at least "half of the customary award for a one-day appeal". For the first respondent Mr Billington QC simply asks the Court to "fix costs". [5] The appeal raised significant issues in which senior counsel were appropriately instructed. Undoubtedly a good deal of preparation time would have been involved. In the particular circumstances, the first respondent will have costs of $4,000 and usual disbursements; and interested persons A and B will also (collectively) have costs of $4,000 and usual disbursements.Solicitors: Serious Fraud Office, Auckland for Appellant Brown & Sargent Lawyers, Auckland for First Respondent Crown Law Office, Wellington for Second Respondent Jeremy Bioletti, Auckland for Interested Persons A and B