BUTLER v MASSEY UNIVERSITY ALBANY [2015] NZHC 2638
The plaintiff must pay the second defendant's costs and disbursements because the second defendant was the successful party, there was no reason to depart from the ordinary rule that costs follow the event, and the court is satisfied the claimed amount of $11,101.24 is reasonable on the applicable scale and bands.
Source-derived case information.
- Citation
- [2015] NZHC 2638
- Parties
- Plaintiff: Jesse Waiariki Temana Butler; First Defendant: Massey University Albany; Second Defendant: North Shore Police
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 27 October 2015
- Procedural Posture
- Civil Claim Under the New Zealand Bill of Rights Act 1990 / Costs Application Post Judgment (reserved Issue)
- Outcome
- Judgment for costs in favour of the second defendant; plaintiff ordered to pay second defendant's costs and disbursements.
- Legal Topics
- New Zealand Bill of Rights Act 1990, Costs Awards, Scale Costs, Assessment of Reasonableness
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesse Waiariki Temana Butler
Plaintiff
Massey University Albany
First Defendant
North Shore Police
Second Defendant
Procedural Posture
Civil Claim Under the New Zealand Bill of Rights Act 1990 / Costs Application Post Judgment (reserved Issue)
Legal Issues
- 1 Whether the successful party (second defendant) is entitled to scale costs
- 2 Whether there is any reason to depart from the general principle that a successful party is entitled to costs
- 3 Whether the specific costs and disbursements claimed ($11,101.24) are reasonable and properly calculated under the scale and bands
Ratio Decidendi
The plaintiff must pay the second defendant's costs and disbursements because the second defendant was the successful party, there was no reason to depart from the ordinary rule that costs follow the event, and the court is satisfied the claimed amount of $11,101.24 is reasonable on the applicable scale and bands.
Court Disposition
Judgment for costs in favour of the second defendant; plaintiff ordered to pay second defendant's costs and disbursements.
Orders
- Plaintiff to pay the second defendant's costs and disbursements of $11,101.24 as set out in the schedule attached to the second defendant's 6 October 2015 memorandum.
Full Case Text
Judgment text and source record
1 paragraphs
BUTLER v MASSEY UNIVERSITY ALBANY [2015] NZHC 2638 [27 October 2015]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2014-404-000345[2015] NZHC 2638UNDER the Judicature Act 1908IN THE MATTER of the New Zealand Bill of Rights Act1990BETWEEN JESSE WAIARIKI TEMANAVABUTLERPlaintiffAND MASSEY UNIVERSITY ALBANYFirst DefendantNORTH SHORE POLICESecond DefendantHearing: On the papersJudgment: 27 October 2015JUDGMENT OF ASHER J(Costs)This judgment was delivered by me on Tuesday, 27 October 2015 at 4 pmpursuant to r 11.5 of the High Court Rules.Registrar/Deputy RegistrarSolicitors:Crown Law, Wellington.Copy to:Plaintiff[1] On 22 September 2015 I issued a judgment dismissing the claim of the second defendant on its merits. I reserved the question of costs.1[2] The second defendant now seeks scale costs. It has filed submissions.Mr Butler has not filed any submissions in response in the time available. Thegeneral principle is that a successful party is entitled to costs.2[3] There is no reason to depart from this general principle. I found that theclaim was not made out by a "very wide margin".3[4] I have a memorandum as to costs filed by the second defendant. Costs anddisbursements total $11,101.24. These are calculated on a category 1 basis and allsteps, but the pre-trial conference, have been claimed under band A. No costs havebeen claimed for the second defendant's stay application, which was not formallydetermined.[5] I am satisfied that the costs sought are reasonable.[6] I order that the plaintiff is to pay the second defendant's costs anddisbursement as set out in the schedule attached to the submission of 6 October2015...Asher J1 Butler v Massey University Albany [2015] NZHC 2287.2 High Court Rules, r 14.2(a).3 Butler v Massey University Albany, above n 1, at [25].