ROE v AUCKLAND DISTRICT HEALTH BOARD [2021] NZHC 2162
The respondent was entitled to its reasonable costs; the filed memorandum correctly calculated costs on a 2B basis and the court therefore awarded the respondent $5,616.50 in costs against the applicant.
Source-derived case information.
- Citation
- [2021] NZHC 2162
- Parties
- Applicant: Kelly Alexandra Roe; Respondent: Auckland District Health Board
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 18 August 2021
- Procedural Posture
- Judicial Review / Costs Judgment
- Outcome
- Costs awarded to respondent Auckland District Health Board against applicant Kelly Alexandra Roe in the sum of $5,616.50.
- Legal Topics
- Costs Assessment, 2 B Costs Scale, High Court Rules
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelly Alexandra Roe
Applicant
Auckland District Health Board
Respondent
Procedural Posture
Judicial Review / Costs Judgment
Legal Issues
- 1 Whether respondent entitled to costs and if so the quantum
- 2 Whether the 2B scale is the appropriate basis for assessment
- 3 Whether absence of a memorandum from the applicant affects the award
Ratio Decidendi
The respondent was entitled to its reasonable costs; the filed memorandum correctly calculated costs on a 2B basis and the court therefore awarded the respondent $5,616.50 in costs against the applicant.
Court Disposition
Costs awarded to respondent Auckland District Health Board against applicant Kelly Alexandra Roe in the sum of $5,616.50.
Orders
- Awarded costs to Auckland District Health Board against Kelly Alexandra Roe in the sum of $5,616.50
Full Case Text
Judgment text and source record
1 paragraphs
ROE v AUCKLAND DISTRICT HEALTH BOARD [2021] NZHC 2162 [18 August 2021]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2021-404-000248[2021] NZHC 2162UNDER the Judicial Review Procedure Act 2016IN THE MATTER OF an application for Judicial ReviewBETWEEN KELLY ALEXANDRA ROEApplicantAND AUCKLAND DISTRICT HEALTHBOARDRespondentHearing: On the papersJudgment: 18 August 2021JUDGMENT OF WYLIE J[Costs]This judgment was delivered by Justice WylieOn 18 August 2021 at 11.00 amPursuant to r 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors/counsel:C Campbell, Auckland District Health Board/A J F Perkins QCCopy to:K A Roe, applicant[1] I refer to my judgment of 15 July 2021. I held that the respondent, theAuckland District Health Board ("ADHB") was entitled to its reasonable costs anddisbursements and directed the filing of memoranda.[2] The ADHB has filed a memorandum seeking costs on a 2B basis in the sum of$5,616.50.[3] Ms Roe has not filed a memorandum. Rather, she has filed an email sayingthat she will not be filing any memorandum on costs but rather will seek to progressthe matter in the Court of Appeal.[4] I have considered the costs claimed by the ADHB. Insofar as I can glean fromthe file, the costs claim is accurate and properly reflects work undertaken, calculatedon a 2B basis.[5] Accordingly, I award costs in favour of the ADHB and against Ms Roe, in thesum of $5,616.50._________________________Wylie J