JOHN PATRICK GREEN AND BRIAN HUGHES V RACING INTEGRITY UNIT LIMITED HC AK CIV-2012-404-6446

JOHN PATRICK GREEN AND BRIAN HUGHES V RACING INTEGRITY UNIT LIMITED HC AK CIV-2012-404-6446

Because the plaintiffs obtained the operative result that the third defendant's proceedings would not proceed until the judicial review was heard, the plaintiffs are entitled to costs on a Category 2B basis against the first and second defendants.

Citation
openlaw-69097cd1_5988_4c95_a724_380914e86d48.pdf
Parties
First Plaintiff: John Patrick Green; First Plaintiff: Brian Hughes; Second Plaintiff: Barry Rattray as trustee of the Rattray Family Trust; Second Plaintiff: Wayne McLaughlin; Second Plaintiff: Estate of Mrs W McLaughlin; First Defendant: Racing Integrity Unit Limited; Second Defendant: Harness Racing New Zealand Inc; Third Defendant: Judicial Control Authority for Racing
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2012
Procedural Posture
Judicial Review (interim Relief Application) / Costs Decision Following Interim Relief Application
Outcome
Costs awarded to the plaintiffs against the first and second defendants on a Category 2B basis.
Legal Topics
Interim Relief, Stay, Adjournment, Costs, Judicial Review
Administrative Law Civil Procedure Sports Regulation Interim Relief Stay Adjournment Costs Judicial Review

Case Brief

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Parties

John Patrick Green

First Plaintiff

Brian Hughes

First Plaintiff

Barry Rattray as trustee of the Rattray Family Trust

Second Plaintiff

Wayne McLaughlin

Second Plaintiff

Estate of Mrs W McLaughlin

Second Plaintiff

Racing Integrity Unit Limited

First Defendant

Harness Racing New Zealand Inc

Second Defendant

Judicial Control Authority for Racing

Third Defendant

Procedural Posture

Judicial Review (interim Relief Application) / Costs Decision Following Interim Relief Application

Legal Issues

  1. 1 Entitlement to costs for interim relief
  2. 2 Appropriate category of costs (Category 2B)
  3. 3 Whether defendants' conduct warranted costs against them

Ratio Decidendi

Because the plaintiffs obtained the operative result that the third defendant's proceedings would not proceed until the judicial review was heard, the plaintiffs are entitled to costs on a Category 2B basis against the first and second defendants.

Court Disposition

Costs awarded to the plaintiffs against the first and second defendants on a Category 2B basis.

Orders

  • Costs awarded to the plaintiffs on a Category 2B basis against the first and second defendants together; disbursements to be fixed by the Registrar.