SMITH v ATTORNEY-GENERAL ON [2017] NZHC 3117
Because the respondent did not dispute the invoices and Mr Ray was legally aided, the Court, by consent, ordered the respondent to pay Mr Smith disbursements of $2,511.30 and declined to order costs against Mr Ray.
Source-derived case information.
- Citation
- [2017] NZHC 3117
- Parties
- Plaintiff: Phillip John Smith; Defendant: Attorney-General on behalf of the Department of Corrections; Non Party: Ray (non-party)
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 14 December 2017
- Procedural Posture
- Judicial Review / Costs Determination
- Outcome
- By consent the respondent was ordered to pay disbursements to Mr Smith in the sum of $2,511.30; no costs were ordered against Mr Ray due to legal aid.
- Legal Topics
- Judicial Review, Disbursements, Legal Aid, Discovery, Joinder
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phillip John Smith
Plaintiff
Attorney-General on behalf of the Department of Corrections
Defendant
Ray (non-party)
Non Party
Procedural Posture
Judicial Review / Costs Determination
Legal Issues
- 1 Whether the respondent should be ordered to pay disbursements to Mr Smith
- 2 Whether costs should be ordered against Mr Ray given his legal aid status
- 3 Whether the claimed disbursements were supported by invoices
Ratio Decidendi
Because the respondent did not dispute the invoices and Mr Ray was legally aided, the Court, by consent, ordered the respondent to pay Mr Smith disbursements of $2,511.30 and declined to order costs against Mr Ray.
Court Disposition
By consent the respondent was ordered to pay disbursements to Mr Smith in the sum of $2,511.30; no costs were ordered against Mr Ray due to legal aid.
Orders
- Payment of disbursements by the respondent to Mr Smith in the sum of $2,511.30.
- No order for costs against Mr Ray (legally aided).
Full Case Text
Judgment text and source record
1 paragraphs
SMITH v ATTORNEY-GENERAL ON [2017] NZHC 3117 [14 December 2017]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2016-404-002269[2017] NZHC 3117UNDER the Judicature Amendment Act 1972 andPart 30 of the High Court RulesIN THE MATTER OF application for judicial reviewBETWEEN PHILLIP JOHN SMITHPlaintiffAND THE ATTORNEY-GENERAL ONBEHALF OF THE DEPARTMENT OFCORRECTIONSDefendantHearing: [On the Papers]Appearances: P J Smith (Self-represented Plaintiff) in PersonA M Powell for the DefendantC G Tuck for the Non-PartyJudgment: 14 December 2017JUDGMENT OF EDWARDS J[re Costs]This judgment was delivered by Justice Edwardson 14 December 2017 at 12.00 pm, pursuant tor 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors: Crown Law, WellingtonLawaid International Domain Chambers, TaurangaCopy To: P J Smith, Auckland[1] By judgment dated 16 November 2017, I dismissed Mr Ray's application to bejoined as an applicant to the current proceeding, and allowed Mr Smith's applicationfor discovery.1[2] Mr Ray's counsel has confirmed that Mr Ray was legally aided and accordinglythe respondent does not seek an order of costs against Mr Ray.[3] Mr Smith has sought an order for disbursements in the sum of $2,511.30. Thissum is for the following:(a) Professional assistance $2,442.50;(b) Phone cards $60; and(c) Stationery $8.80.[4] The respondent has considered copies of the invoices in relation to thosedisbursements and does not dispute the sum claimed.[5] Accordingly, by consent I order the payment of disbursements by therespondent to Mr Smith in the sum of $2,511.30.___________________Edwards J1 Smith v The Attorney-General [2017] NZHC 2810.