MARINO v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZCA 2 _x000b_
Costs awarded to the appellant on the standard civil band A scale with provision for second counsel (total $13,380) because the appeal was not especially complex, habeas corpus is a summary procedure, and the respondent's conduct did not justify indemnity or increased costs; the court refused to limit the award to...
Source-derived case information.
- Citation
- [2017] NZCA 2
- Parties
- Appellant: Michael Marino; Respondent: The Chief Executive of the Department of Corrections
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 3 February 2017
- Procedural Posture
- Habeas Corpus Appeal / Costs Decision Following Successful Supreme Court Appeal
- Outcome
- Appellant awarded standard band A costs with provision for second counsel; indemnity and increased costs declined; award not limited to costs actually paid by appellant.
- Legal Topics
- Costs, Statutory Interpretation, Unlawful Detention, Compensation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Marino
Appellant
The Chief Executive of the Department of Corrections
Respondent
Procedural Posture
Habeas Corpus Appeal / Costs Decision Following Successful Supreme Court Appeal
Legal Issues
- 1 Whether indemnity or increased costs were warranted
- 2 Appropriate costs band for the successful appellant
- 3 Whether respondent's conduct justified increased costs
Ratio Decidendi
Costs awarded to the appellant on the standard civil band A scale with provision for second counsel (total $13,380) because the appeal was not especially complex, habeas corpus is a summary procedure, and the respondent's conduct did not justify indemnity or increased costs; the court refused to limit the award to amounts actually paid by the appellant.
Court Disposition
Appellant awarded standard band A costs with provision for second counsel; indemnity and increased costs declined; award not limited to costs actually paid by appellant.
Orders
- Appellant awarded costs on a standard appeal band A basis with provision for second counsel and usual disbursements totaling $13,380.00.
- Indemnity or increased costs refused.
Full Case Text
Judgment text and source record
1 paragraphs
MARINO v THE CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2017] NZCA 2 [3 February 2017]IN THE COURT OF APPEAL OF NEW ZEALANDCA129/2016[2017] NZCA 2BETWEEN MICHAEL MARINOAppellantAND THE CHIEF EXECUTIVE OF THEDEPARTMENT OF CORRECTIONSRespondentCourt: Kós P, Miller and Cooper JJCounsel: D A Ewen and G K Edgeler for AppellantD J Perkins for RespondentJudgment:(On the papers)3 February 2017 at 11.00 amJUDGMENT OF THE COURT(On Costs)The appellant will have costs as for a standard appeal on a band A basis, with provision for second counsel and usual disbursements.____________________________________________________________________REASONS OF THE COURT(Given by Miller J)[1] The Court has considered counsels' submissions on costs following the appellant's successful appeal to the Supreme Court.[2] It is not in dispute that costs are payable on the civil scale. The question is whether the appellant ought to have indemnity or increased costs. As to that, we are in agreement with the respondent. We make three points:(a) There was nothing especially complex about the appeal. It was a question of statutory construction, necessitating a review of legislative history;(b) Habeas Corpus is a summary procedure, and rarely should such an appeal take more time than a standard appeal. It is immaterial that a more extensive argument was mounted on further appeal, after Mr Marino had been released;(c) Nothing about the respondent's conduct justifies increased costs. Itsview of the legislation was consistent with earlier judgments of this Court on sentence appeals. Following the Supreme Court judgment, it is established that Mr Marino was unlawfully detained, but compensation for that is a separate matter.[3] The appellant will have costs as for a standard appeal on a band A basis, with provision for second counsel (that is, a total of $13,380.00), with usual disbursements. We decline the respondent's invitation to limit the award to costs actually paid by Mr Marino; that would be to exploit his counsel's willingness toundertake work on a pro bono or discounted basis.Solicitors:Crown Law Office, Wellington for Respondent