GREEN v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 1514
Because the applicant did not contest the respondent's memorandum and a 2B scale was appropriate, the court awarded the respondent costs of $16,371.50 and disbursements of $160.
Source-derived case information.
- Citation
- [2020] NZHC 1514
- Parties
- Applicant: Glenn Green; Respondent: Chief Executive of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 June 2020
- Procedural Posture
- Judicial Review / Costs Judgment
- Outcome
- Respondent awarded costs and disbursements
- Legal Topics
- Judicial Review, Special Release Condition, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Glenn Green
Applicant
Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Judicial Review / Costs Judgment
Legal Issues
- 1 Whether the respondent is entitled to costs
- 2 Appropriate scale and amount of costs
- 3 Entitlement to and amount of disbursements
Ratio Decidendi
Because the applicant did not contest the respondent's memorandum and a 2B scale was appropriate, the court awarded the respondent costs of $16,371.50 and disbursements of $160.
Court Disposition
Respondent awarded costs and disbursements
Orders
- Applicant to pay respondent costs of $16,371.50
- Applicant to pay respondent disbursements of $160
Full Case Text
Judgment text and source record
1 paragraphs
GREEN v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 1514 [30 June2020]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2019-404-2018[2020] NZHC 1514UNDER the Judicial Review Procedure Act 2016BETWEEN GLENN GREENApplicantAND CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentJudgment:(On the papers)30 June 2020COSTS JUDGMENT OF BREWER JThis judgment was delivered by me on 30 June 2020 at 4:30 pmpursuant to Rule 11.5 High Court Rules.Registrar/Deputy RegistrarSolicitors:Meredith Connell (Auckland) for Respondent[1] This is a costs judgment.[2] In my judgment of 25 March 2020,1 I dismissed Mr Green's application forjudicial review against the Chief Executive of the Department of Corrections. Thesubject-matter of Mr Green's application was his dissatisfaction with the wayprobation officers were administering a special release condition imposed by a DistrictCourt Judge pursuant to s 93(2)(b) of the Sentencing Act 2002.[3] Because this was a civil matter, I said:[23] If there is any issue as to costs, the respondent is to file itsmemorandum no later than 8 May 2020. If a memorandum is filed, Mr Greenis to file his reply no later than 22 May 2020.[4] On 3 April 2020 the respondent filed a memorandum seeking costs. Nothinghas been received from Mr Green.[5] The respondent seeks costs on a 2B basis. In my view that is the appropriatescale and I approve the time allocations set out in the respondent's memorandum.Decision[6] I award costs in favour of the respondent in the sum of $16,371.50.[7] Mr Green must pay the respondent's disbursements in the sum of $160.________________________________Brewer J1 Green v Chief Executive of the Department of Corrections [2020] NZHC 640.