MCGUIRE v SECRETARY FOR JUSTICE [2021] NZCA 41
No agreement was reached that altered the ordinary rule that costs follow the event; the respondent declined the appellant's proposal, the appellant proceeded and argued the appeal, and therefore the appellant must pay costs on the standard appeal scale (band A).
Source-derived case information.
- Citation
- [2021] NZCA 41
- Parties
- Appellant: Jeremy James McGuire; Respondent: Secretary for Justice
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 5 March 2021
- Procedural Posture
- Appeal (judicial Review Related) / Costs Determination After Dismissal of Appeal
- Outcome
- Appellant ordered to pay costs to respondent following dismissal of the appeal
- Legal Topics
- Judicial Review, Legal Aid Provider Eligibility, Costs Orders, Settlement Offers and Discontinuance
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremy James McGuire
Appellant
Secretary for Justice
Respondent
Procedural Posture
Appeal (judicial Review Related) / Costs Determination After Dismissal of Appeal
Legal Issues
- 1 Whether the appellant's prior offer to discontinue the appeal in exchange for waiver of High Court costs and withdrawal of bankruptcy proceedings bound the Court or justified departing from the usual order that costs follow the event
- 2 Whether the respondent is entitled to costs on a standard appeal (band A) given the conduct of the parties
- 3 Whether the appellant's failure to file submissions after reserve affected the Court's costs decision
Ratio Decidendi
No agreement was reached that altered the ordinary rule that costs follow the event; the respondent declined the appellant's proposal, the appellant proceeded and argued the appeal, and therefore the appellant must pay costs on the standard appeal scale (band A).
Court Disposition
Appellant ordered to pay costs to respondent following dismissal of the appeal
Orders
- The appellant is to pay the respondent $10,755 by way of costs.
Full Case Text
Judgment text and source record
1 paragraphs
MCGUIRE v SECRETARY FOR JUSTICE [2021] NZCA 41 [5 March 2021]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA70/2019[2021] NZCA 41BETWEEN JEREMY JAMES MCGUIREAppellantAND SECRETARY FOR JUSTICERespondentCourt: Cooper, Clifford and Collins JJCounsel: Appellant in personG L Melvin for RespondentJudgment:(On the papers)5 March 2021 at 10 amJUDGMENT OF THE COURTCostsThe appellant is to pay the respondent $10,755 by way of costs.____________________________________________________________________REASONS OF THE COURT(Given by Clifford J)[1] In a decision released on 2 December 20201 we dismissed Mr McGuire'sappeal against a decision of the High Court declining to judicially review a decisionof the Secretary of Justice in 2015.2 The Secretary had declined an application byMr McGuire to become a provider of legal aid services in low-level criminalproceedings.1 McGuire v Secretary for Justice [2020] NZCA 612.2 McGuire v Secretary for Justice [2019] NZHC 42.[2] As to costs, we noted:3[31] At the end of the hearing of the appeal, there was an indication to usthat there may have been discussions between Mr McGuire and the Secretarythat would be relevant to any decision on costs. We therefore reserve thatissue. If agreement can be reached, we invite a joint memorandum. If that isnot the case, submissions should be filed, by the Secretary within three weeksof this decision, and by Mr McGuire within one week thereafter. No morethan three pages will be considered.[3] The Secretary's submissions were filed in time on 21 December 2020.In a minute dated 4 February 2021 Cooper J, for the Court, recorded that ifMr McGuire had not filed submissions by Friday 19 February 2021 the Court wouldproceed to deal with the issue of costs without hearing from him.[4] Mr McGuire has not filed any submissions. We therefore deal with theSecretary's application now.[5] The Secretary in his submissions confirms that in correspondence Mr McGuireoffered to discontinue this appeal if (i) the costs awarded against him in the High Courtwere waived and (ii) the Secretary applied to dismiss the bankruptcy proceedingscommenced against him to recover those costs.[6] The Secretary was not prepared to deal with the matter on that basisand so advised Mr McGuire. Mr McGuire, as he said he would, thereafter paidsecurity for costs and had the appeal set down and, ultimately, argued.[7] In these circumstances there is no reason why costs should not follow the eventon the basis of a standard appeal, band A.Result[8] The appellant is to pay the respondent $10,755 by way of costs.Solicitors:Crown Law Office, Wellington for Respondent3 McGuire v Secretary for Justice, above n 1.