FINANCIAL SERVICES COMPLAINTS LIMITED v CHIEF OMBUDSMAN [2022] NZCA 283
Because the appeal was allowed and both parties accepted that costs should follow the event, the Court awarded the appellant costs for a standard appeal on a band A basis with usual disbursements.
Source-derived case information.
- Citation
- [2022] NZCA 283
- Parties
- Appellant: Financial Services Complaints Limited; Respondent: Chief Ombudsman
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 30 June 2022
- Procedural Posture
- Appeal / Costs Determination Following Allowed Appeal
- Outcome
- Costs awarded to appellant
- Legal Topics
- Ombudsman, Costs, Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Financial Services Complaints Limited
Appellant
Chief Ombudsman
Respondent
Procedural Posture
Appeal / Costs Determination Following Allowed Appeal
Legal Issues
- 1 Whether appellant is entitled to costs following successful appeal
- 2 Proper quantum and basis for costs (band A for a standard appeal)
Ratio Decidendi
Because the appeal was allowed and both parties accepted that costs should follow the event, the Court awarded the appellant costs for a standard appeal on a band A basis with usual disbursements.
Court Disposition
Costs awarded to appellant
Orders
- Appellant entitled to costs for a standard appeal on a band A basis with usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
FINANCIAL SERVICES COMPLAINTS LIMITED v CHIEF OMBUDSMAN [2022] NZCA 283 [30 June2022]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA149/2021[2022] NZCA 283BETWEEN FINANCIAL SERVICES COMPLAINTSLIMITEDAppellantAND CHIEF OMBUDSMANRespondentHearing: 9 February 2021Court: Cooper, Courtney and Goddard JJCounsel: K I Murray and M J Leggat for AppellantM T Scholtens QC and D W Ballinger for RespondentJudgment: 30 June 2022 at 9.30 amJUDGMENT (NO. 2) OF THE COURT[Costs]The appellant is entitled to costs for a standard appeal on a band A basis withusual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by Courtney J)[1] In our decision dated 15 June 2022 we allowed the appeal by FinancialServices Complaints Limited.1 However, we omitted to address the issue of costs.1 Financial Services Complaints Ltd v Chief Ombudsman [2022] NZCA 248.[2] At the conclusion of the hearing both parties indicated that costs should followthe event. The purpose of this judgment is to make an order for costs in the appellant'sfavour for a standard appeal on a band A basis with usual disbursements.Solicitors:Michael Leggat, Wellington for AppellantOffice of the Ombudsman, Wellington for Respondent