PRASAD v REAL ESTATE AGENTS AUTHORITY (COMPLAINTS ASSESSMENT COMMITTEE 416) [2020] NZHC 1512
The Court awarded costs to the Real Estate Agents Authority on a 2B basis, accepting the Authority's time allocations except for the discrete step assessed on a 2A basis, and ordered payment of $19,478.50 plus disbursements of $590 by Ms Prasad.
Source-derived case information.
- Citation
- [2020] NZHC 1512
- Parties
- Appellant: Indra Prasad; Respondent: Real Estate Agents Authority (Complaints Assessment Committee 416)
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 June 2020
- Procedural Posture
- Appeal / Costs Judgment
- Outcome
- Costs awarded to Real Estate Agents Authority on 2B basis in the sum of $19,478.50 and disbursements of $590; payable by Indra Prasad.
- Legal Topics
- Appeal From Disciplinary Tribunal, Licence Cancellation, Costs Assessment
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Indra Prasad
Appellant
Real Estate Agents Authority (Complaints Assessment Committee 416)
Respondent
Procedural Posture
Appeal / Costs Judgment
Legal Issues
- 1 Appropriate costs scale (2B v 2A)
- 2 Allocation of costs where multiple appeals were case managed together
- 3 Entitlement to disbursements
Ratio Decidendi
The Court awarded costs to the Real Estate Agents Authority on a 2B basis, accepting the Authority's time allocations except for the discrete step assessed on a 2A basis, and ordered payment of $19,478.50 plus disbursements of $590 by Ms Prasad.
Court Disposition
Costs awarded to Real Estate Agents Authority on 2B basis in the sum of $19,478.50 and disbursements of $590; payable by Indra Prasad.
Orders
- Indra Prasad pay costs of $19,478.50 to Real Estate Agents Authority
- Indra Prasad pay disbursements of $590 to Real Estate Agents Authority
Full Case Text
Judgment text and source record
1 paragraphs
PRASAD v REAL ESTATE AGENTS AUTHORITY (COMPLAINTS ASSESSMENT COMMITTEE 416)[2020] NZHC 1512 [30 June 2020]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2019-404-301[2020] NZHC 1512BETWEEN INDRA PRASADAppellantAND REAL ESTATE AGENTS AUTHORITY(COMPLAINTS ASSESSMENTCOMMITTEE 416)RespondentCIV-2019-404-982BETWEEN REAL ESTATE AGENTS AUTHORITY(COMPLAINTS ASSESSMENTCOMMITTEE 416)AppellantAND INDRA PRASADRespondentJudgment:(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 Real Estate Agents AuthorityIntroduction[1] This is a costs judgment.[2] In my judgment of 28 February 2020,1 I decided two appeals resulting from afinding against Ms Prasad by the Real Estate Agents Disciplinary Tribunal.[3] The first appeal was by Ms Prasad against the Tribunal's finding againstMs Prasad on two charges going to her professional conduct.[4] The second appeal was by the Real Estate Agents Authority (ComplaintsAssessment Committee 416) against the penalties awarded against Ms Prasad by theTribunal.[5] Ms Prasad did not appear at the hearing of the appeals. Accordingly, I decidedMs Prasad's appeal on the papers. I dismissed the appeal.[6] I allowed the Authority's appeal and ordered cancellation of Ms Prasad'slicence.Application for costs[7] The Authority now applies for costs against Ms Prasad. It submits costs shouldbe assessed on a 2B basis except for its submissions in respect of Ms Prasad's appeal.Because those submissions involved only a response to Ms Prasad's notice of appeal,the Authority claims costs on a 2A basis.[8] The Authority recognises that both appeals were case managed together andclaims for only a single allocation for steps where the appeals overlap.[9] I am satisfied that the proper scale for calculating costs is 2B apart from thestep claimed as 2A.1 Prasad v Real Estate Agents Authority (Complaints Assessment Committee 416) [2020] NZHC335.[10] I accept the time allocation claims set out in tables in the Authority's costsmemorandum dated 9 April 2020.Decision[11] I order costs in favour of the Authority on a 2B basis in the sum of $19,478.50.[12] I order Ms Prasad to pay the Authority's disbursements in the sum of $590.________________________________Brewer J