CLUNIE V NEW ZEALAND POLICE HC TAU CIV 2008-470-221
Because the applicant succeeded and the respondent did not contest costs, the Court awards costs to the applicant on a 2B basis together with reasonable expenses.
Source-derived case information.
- Citation
- openlaw-fe923632_b35b_4425_ad3d_bb0a6304f91c.pdf
- Parties
- Applicant: Garioch Malcolm Clunie; Respondent: New Zealand Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 11 February 2009
- Procedural Posture
- Civil (high Court) / Costs Determination (post Judgment)
- Outcome
- Costs awarded to the applicant on a 2B basis together with reasonable expenses.
- Legal Topics
- Costs Assessment, Scale 2 B, Reasonable Expenses
Source-derived case record
Summary, issues, holding and outcome
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Parties
Garioch Malcolm Clunie
Applicant
New Zealand Police
Respondent
Procedural Posture
Civil (high Court) / Costs Determination (post Judgment)
Legal Issues
- 1 entitlement to costs following a successful application
- 2 appropriate basis for assessing costs (2B scale)
- 3 whether to award reasonable expenses in addition to scale costs
Ratio Decidendi
Because the applicant succeeded and the respondent did not contest costs, the Court awards costs to the applicant on a 2B basis together with reasonable expenses.
Court Disposition
Costs awarded to the applicant on a 2B basis together with reasonable expenses.
Orders
- Applicant awarded costs on a 2B basis together with reasonable expenses.
Full Case Text
Judgment text and source record
1 paragraphs
CLUNIE V NEW ZEALAND POLICE HC TAU CIV 2008-470-221 11 February 2009IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY CIV 2008-470-221BETWEEN GARIOCH MALCOLM CLUNIE Applicant AND NEW ZEALAND POLICE Respondent Hearing: (On papers) Appearances: P G Mabey QC for the Applicant H A Wrigley for the Respondent Judgment: 11 February 2009 at 2:00 p.m.JUDGMENT OF WOODHOUSE J (Costs)This judgment was delivered by me on 11 February 2009 at 2:00 p.m. pursuant to r 11.5 of the High Court Rules 1985. Registrar/Deputy Registrar Solicitors / Counsel: Mr P G Mabey QC, Barrister, Tauranga Ms H A Wrigley, Ronayne Hollister-Jones Lellman, Office of the Crown Solicitor, Tauranga[1] My judgment of 9 December 2008 did not deal with the question of costs. [2] The applicant, having been successful, seeks costs. It is proposed that costs be allowed on a 2B basis. The respondent has advised that it will abide the decision of the Court on the issue of costs. [3] Having been successful on the application the applicant is entitled to costs which I award on a 2B basis, together with reasonable expenses. ______________________________________ Peter Woodhouse J