ROE v AUCKLAND DISTRICT HEALTH BOARD [2021] NZHC 3530

ROE v AUCKLAND DISTRICT HEALTH BOARD [2021] NZHC 3530 [17 December 2021]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2021-404-248[2021] NZHC 3530BETWEEN KELLY ALEXANDRA ROEApplicantAND AUCKLAND DISTRICT HEALTHBOARDRespondentHearing: On the papersJudgment: 17 December 2021JUDGMENT OF WYLIE JThis judgment was delivered by meon 17 December 2021 at 4 pm, pursuant tor 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors: Auckland District Health Board, AucklandCopy To: The Applicant[1] I refer to my substantive judgment dated 15 July 2021.1 I declined to strike outthe proceedings as sought by the Auckland District Health Board, and gave Ms Roethe opportunity to file an amended statement of claim. I stayed the proceedings in theinterim. I recorded that the Auckland District Health Board had substantiallysucceeded in its application even though the proceedings had not been struck out. Inoted that it was forced to proceed with the application because Ms Roe refused to filean amended statement of claim despite being put on notice of the defects in herpleading at case management conferences, and despite being asked to rectify theposition.[2] I subsequently gave a costs judgment in favour of the Auckland District HealthBoard in the sum of $5,616.50 on 18 August 2021.2[3] Ms Roe seeks leave to appeal my costs judgment. She earlier sought to appealthe judgment to the Court of Appeal, but the Registrar declined to accept the appealbecause leave to appeal first had to be applied for from this Court pursuant to s 56(3)of the Senior Courts Act 2016. Ms Roe then sought to review the Registrar's decision,but on 7 September 2021 Clifford J delivered a judgment upholding that decision.3Ms Roe then filed an appeal against the judgment of Clifford J with the SupremeCourt. The Supreme Court declined leave to appeal on 15 November 2021.4[4] As a result, Ms Roe now comes back and seeks leave to appeal from this Court.[5] Both parties have agreed that the application can be dealt with on the papers.Analysis[6] Ms Roe's substantive proceedings had been brought pursuant to the JudicialReview Procedure Act 2016. The Auckland District Health Board sought to strikethem out. That was an interlocutory application, and my costs decision arose out ofthat application. It seems clear that s 56(3) of the Senior Courts Act 1981 applies.1 Roe v Auckland District Health Board [2021] NZHC 1780.2 Roe v Auckland District Health Board [2021] NZHC 2162.3 Roe v Auckland District Health Board [2021] NZCA 441.4 Roe v Auckland District Health Board [2021] NZSC 158.[7] This Court has considered s 56(3) on various occasions. It has observed thatthe requirement for leave to appeal interlocutory decisions is intended to filter outappeals advanced on unmeritorious grounds or which deal with insignificant orimmaterial matters.5[8] In the present case, the proposed costs appeal does not raise an issue ofsufficient significance to the parties, or a question of law or general principle ofsufficient importance, to outweigh the costs and delay of the proposed appeal. Thecosts award is modest. It followed from a straightforward application of well acceptedprinciples. There is nothing in Ms Roe's notice of application supporting thecontention that any appeal would be based on bona fide and serious argument.[9] There is no proper basis on which to grant leave to appeal. Ms Roe'sapplication is declined.Costs[10] If the Auckland District Health Board wishes to seek costs in resisting theapplication, I direct as follows:(a) Any application for costs and disbursements is to be filed and servedwithin 10 working days of the date of this judgment;(b) Any opposition to any such application is to be filed and served withina further 10 working days.(c) Memoranda are not to exceed three pages.5 Li v Chief Executive, Ministry of Business, Innovation and Employment) [2018] NZHC 1171 at[20]-[22].[11] I will then deal with the issue of costs and disbursements on the papers, unlessI require the assistance of counsel and Ms Roe.___________________________________Wylie J