PRESCOTT v NEW ZEALAND POLICE [2022] NZCA 16
The application for costs was declined because the Court follows an almost invariable policy of dealing with costs at the time of hearing and the Police had not raised costs in its notice of opposition or written submissions, offering no reason to depart from that practice.
Source-derived case information.
- Citation
- [2022] NZCA 16
- Parties
- Applicant: Peter Richard Prescott; Respondent: New Zealand Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 16 February 2022
- Procedural Posture
- Application for Extension of Time to Apply for Leave to Appeal / Costs Application (on the Papers)
- Outcome
- Application for costs declined
- Legal Topics
- Extension of Time, Leave to Appeal, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Richard Prescott
Applicant
New Zealand Police
Respondent
Procedural Posture
Application for Extension of Time to Apply for Leave to Appeal / Costs Application (on the Papers)
Legal Issues
- 1 whether to grant extension of time for leave to appeal
- 2 whether to award costs for the interlocutory application for extension of time
Ratio Decidendi
The application for costs was declined because the Court follows an almost invariable policy of dealing with costs at the time of hearing and the Police had not raised costs in its notice of opposition or written submissions, offering no reason to depart from that practice.
Court Disposition
Application for costs declined
Orders
- The application for costs is declined
Full Case Text
Judgment text and source record
1 paragraphs
PRESCOTT v NEW ZEALAND POLICE [2022] NZCA 16 [16 February 2022]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA313/2021[2022] NZCA 16BETWEEN PETER RICHARD PRESCOTTApplicantAND NEW ZEALAND POLICERespondentCourt: Clifford and Gilbert JJCounsel: Applicant in personB M McKenna and R M McMenamin for RespondentJudgment:(On the papers)16 February 2022 at 10.30 amJUDGMENT OF THE COURT[Costs]The application for costs is declined.____________________________________________________________________REASONS OF THE COURT(Given by Clifford J)[1] On 10 November 2021 this Court rejected Mr Prescott's application1 for anextension of time to apply for leave to appeal a decision of the High Court,2 after theHigh Court declined his application for that grant of leave.3 The police opposed thatapplication.1 Prescott v Police [2021] NZCA 586.2 Prescott v Police [2021] NZHC 483.3 Prescott v Police [2021] NZHC 941.[2] In a memorandum dated 17 December 2021 the police sought increased costsagainst Mr Prescott on that application. No issue of costs was raised by the police inits notice of opposition, or in its written submissions.[3] It is the almost invariable policy of this Court to deal with costs applications atthe time of hearing a matter, where costs have been applied for.[4] We see no reason to depart from that practice, which the police will be wellaware of.[5] The application for costs is declined.Solicitors:Crown Law Office, Wellington for Respondent