PAWEL MARIAN MISIUK V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR HC WN CIV 2008-404-3642
The appeal was unsuccessful and the appellant filed no response to the costs application; therefore the court exercised its discretion to award the respondent 2B costs and disbursements totalling $2,644.18.
Source-derived case information.
- Citation
- openlaw-2101bd35_12de_4c84_9c3d_89f6e8d8811b.pdf
- Parties
- Appellant: Pawel Marian Misiuk; Respondent: The Chief Executive of the Department of Labour
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 February 2009
- Procedural Posture
- Immigration Appeal Under Section 115 a of the Immigration Act 1987 / Costs Determination Following Unsuccessful Appeal
- Outcome
- Costs awarded to respondent
- Legal Topics
- Removal Order, Costs Assessment, Section 115 a
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pawel Marian Misiuk
Appellant
The Chief Executive of the Department of Labour
Respondent
Procedural Posture
Immigration Appeal Under Section 115 a of the Immigration Act 1987 / Costs Determination Following Unsuccessful Appeal
Legal Issues
- 1 Whether respondent entitled to costs following unsuccessful appeal
- 2 Appropriate scale of costs (2B) for the proceedings
- 3 Quantum of costs and disbursements to be awarded
Ratio Decidendi
The appeal was unsuccessful and the appellant filed no response to the costs application; therefore the court exercised its discretion to award the respondent 2B costs and disbursements totalling $2,644.18.
Court Disposition
Costs awarded to respondent
Orders
- Costs and disbursements fixed at $2,644.18 in favour of the respondent
Full Case Text
Judgment text and source record
1 paragraphs
PAWEL MARIAN MISIUK V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR HC WN CIV 2008-404-3642 2 February 2009IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2008-404-3642UNDER Section 115A of the Immigration Act 1987 BETWEEN PAWEL MARIAN MISIUK Appellant AND THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR Respondent Counsel: I Chorao for Appellant F Sinclair for Respondent Judgment: 2 February 2009COSTS JUDGMENT OF RONALD YOUNG J[1] In these proceedings the appellant appealed against an order of the Removal Review Authority that he be required to leave New Zealand. The appeal was unsuccessful. [2] The respondent seeks costs on a 2B basis for the hearing and the procedural steps prior to hearing. The appellant has not filed a response. I see no reason why the respondent should not have 2B costs which, including disbursements, total $2,644.18. I, therefore, fix costs and disbursements at that sum in favour of the respondent. ________________________ Ronald Young JSolicitors: I Chorao, Ryken and Associates, PO Box 501, Auckland, email: isabel@rykenlaw.co.nz F Sinclair, Crown Law Office, PO Box 2858, Wellington, email: fergus.sinclair@crownlaw.govt.nz