DORBU V NEW ZEALAND LAW SOCIETY HC AK CIV-2011-404-6219
Costs follow the event and the court has jurisdiction to order costs despite the appellant's bankruptcy; however the appellant's demonstrated inability to pay justified a reduction of the respondent's claimed costs, resulting in an award of $1,500 in favour of the respondent.
Source-derived case information.
- Citation
- openlaw-e074557f_8840_4286_993a_b0da9e463cbe.pdf
- Parties
- Appellant: John Evans Dorbu; Respondent: New Zealand Law Society
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 31 May 2012
- Procedural Posture
- Appeal Against Disciplinary Tribunal Decision (law Practitioners Act 1982; Lawyers and Conveyancers Act 2006) / Costs Application Following Dismissal of Appeal
- Outcome
- Respondent awarded reduced costs
- Legal Topics
- Costs Awards, Ability to Pay, Bankruptcy and Costs, Striking Off/removal From Roll
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Evans Dorbu
Appellant
New Zealand Law Society
Respondent
Procedural Posture
Appeal Against Disciplinary Tribunal Decision (law Practitioners Act 1982; Lawyers and Conveyancers Act 2006) / Costs Application Following Dismissal of Appeal
Legal Issues
- 1 Whether costs should be awarded to respondent
- 2 Whether appellant's bankruptcy prevents a costs order
- 3 Whether appellant's inability to pay should reduce costs
Ratio Decidendi
Costs follow the event and the court has jurisdiction to order costs despite the appellant's bankruptcy; however the appellant's demonstrated inability to pay justified a reduction of the respondent's claimed costs, resulting in an award of $1,500 in favour of the respondent.
Court Disposition
Respondent awarded reduced costs
Orders
- New Zealand Law Society awarded costs of $1,500 to be paid by John Evans Dorbu
Full Case Text
Judgment text and source record
1 paragraphs
DORBU V NEW ZEALAND LAW SOCIETY HC AK CIV-2011-404-6219 [31 May 2012]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2011-404-6219[2012] NZHC 1239IN THE MATTER OF the Law Practitioners Act 1982 and the Lawyers and Conveyancers Act 2006BETWEEN JOHN EVANS DORBU AppellantAND NEW ZEALAND LAW SOCIETYRespondentHearing: 31 May 2012 (On papers)Court: Miller, Andrews and Peters JJCounsel: J E Dorbu (In person) AppellantH Keyte QC and M Treleaven for RespondentJudgment: 31 May 2012JUDGMENT OF THE COURT(Costs Judgment)[1] In our judgment of 2 April 2012 we dismissed the appellant's appeal against the decision of the New Zealand Disciplinary Tribunal striking his name from the roll of barristers and solicitors.[2] The respondent now moves for costs of $3,008, calculated on a 2B basis with provision for one counsel. That sum is reasonable.[3] The appellant submits that he is bankrupt, so costs should not be awarded against him. Alternatively, he submits that any award should take into account his inability to pay. He has lost his means of livelihood, is on the sickness benefit, and has a young family to support. The respondent has not contested these claims.[4] In the normal course, costs follow the event.1 The appellant's bankruptcydoes not affect the jurisdiction to order costs.2[5] Ability to pay is relevant and we will assume in the appellant's favour that,the award not being provable as a debt in his bankruptcy, his liability to pay will survive his eventual discharge. The award may prove futile, but we cannot be sure about that.[6] In all the circumstances we are not prepared to depart from the normal rule that costs follow the event, but we will reduce the amount to reflect the appellant'scircumstances. The respondent will have costs of $1,500.Miller JAndrews JPeters J1 High Court Rules, r 14.2(a).2 Kaye v Auckland District Law Society [1998] 1 NZLR 151.