McKELVEY v MINISTER OF IMMIGRATION [2017] NZHC 1341
The Minister was entitled to costs because he was the successful party, the parties had agreed the proceeding should be categorised as 2B, and no material or submissions were advanced to displace the presumption that costs follow the event; accordingly costs of $27,564.03 were awarded to the defendant.
Source-derived case information.
- Citation
- [2017] NZHC 1341
- Parties
- Plaintiff: Leonora Ateteo McKelvey; Defendant: Minister of Immigration
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 19 June 2017
- Procedural Posture
- Judicial Review (immigration) / Costs Judgment (post Decision)
- Outcome
- Plaintiff ordered to pay defendant's costs and disbursements
- Legal Topics
- Judicial Review, Visa Decision, Costs
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Leonora Ateteo McKelvey
Plaintiff
Minister of Immigration
Defendant
Procedural Posture
Judicial Review (immigration) / Costs Judgment (post Decision)
Legal Issues
- 1 Whether the successful party is prima facie entitled to costs
- 2 Appropriate costs category for the proceeding (category 2B)
- 3 Whether any factor or submission displaces the presumption that costs follow the event or the parties' prior agreement
Ratio Decidendi
The Minister was entitled to costs because he was the successful party, the parties had agreed the proceeding should be categorised as 2B, and no material or submissions were advanced to displace the presumption that costs follow the event; accordingly costs of $27,564.03 were awarded to the defendant.
Court Disposition
Plaintiff ordered to pay defendant's costs and disbursements
Orders
- The plaintiff is to pay the defendant's costs and disbursements as set out in the schedule annexed to the Minister of Immigration's memorandum on costs dated 9 May 2017 in the sum of $27,564.03 for steps taken in these proceedings.
Full Case Text
Judgment text and source record
1 paragraphs
McKELVEY v MINISTER OF IMMIGRATION [2017] NZHC 1341 [19 June 2017]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYCIV-2016-409-510[2017] NZHC 1341BETWEEN LEONORA ATETEO McKELVEYPlaintiffAND MINISTER OF IMMIGRATIONDefendantHearing: 19 June 2017 (On the papers)Appearances: A Toohey for PlaintiffM Conway for DefendantJudgment: 19 June 2017JUDGMENT OF DUNNINGHAM J RE: COSTS DECISION[1] On 6 April 2016 I dismissed Ms McKelvey's application for judicial review of the Minister of Immigration's decision not to grant her a special direction under s 17, and a visa under s 61, of the Immigration Act 2009.1[2] At the conclusion of my decision I reserved the issue of costs. I also noted that the parties had agreed prior to hearing that the appropriate costs categorisation for this proceeding was 2B and I expected costs would likely be agreed on that basis. However, I also allowed memoranda to be filed if costs could not be agreed. An application for costs was subsequently filed by the defendant in early May.[3] Although Registry enquiries of the solicitor for the plaintiff indicated that a memorandum in response would be filed, more than a month later no such memorandum has been received. In the circumstances, I consider it appropriate to proceed to determine costs on the materials before me.1 McKelvey v Minister of Immigration [2017] NZHC 659.[4] As the successful party, the Minister of Immigration is prima facie entitled to costs. The Minister submits that the proceeding is appropriately categorised as a category 2B proceeding, as was agreed by the parties prior to the hearing. A calculation of 2B costs is attached to his memorandum on costs. Those costs total $26,537 plus disbursements of $1,027.03.[5] In absence of any factor being brought to my attention that would either:(a) displace the usual presumption that costs follow the event; and(b) displace the parties' agreement (and my indication) that 2B costs are appropriate.I consider costs calculated on this basis should be ordered.[6] Accordingly, I order:(a) the plaintiff is to pay the defendant's costs and disbursements (as set out in the schedule annexed to the Minister of Immigration'smemorandum on costs dated 9 May 2017) in the sum of $27,564.03 for steps taken in these proceedings.Dunningham JSolicitors:Anne Toohey, Barrister, ChristchurchCrown Law, Wellington