SMITH v THE ATTORNEY-GENERAL ON BEHALF OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 821
Because the plaintiff was entitled to reasonable disbursements and the parties agreed the amounts, the Court ordered the defendant to pay disbursements of $3,507.10 and noted filing fees were waived.
Source-derived case information.
- Citation
- [2017] NZHC 821
- Parties
- Plaintiff: Phillip John Smith; Defendant: The Attorney‑General on behalf of the Department of Corrections
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 28 April 2017
- Procedural Posture
- Judicial Review / Costs Judgment
- Outcome
- Disbursements awarded to plaintiff in the sum of $3,507.10; filing fees waived.
- Legal Topics
- Judicial Review, Costs, Disbursements, Waiver of Filing Fees
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phillip John Smith
Plaintiff
The Attorney‑General on behalf of the Department of Corrections
Defendant
Procedural Posture
Judicial Review / Costs Judgment
Legal Issues
- 1 Whether the plaintiff was entitled to an award of reasonable disbursements following successful judicial review
- 2 The quantum of disbursements properly payable
- 3 Whether filing fees should be allowed or were waived
Ratio Decidendi
Because the plaintiff was entitled to reasonable disbursements and the parties agreed the amounts, the Court ordered the defendant to pay disbursements of $3,507.10 and noted filing fees were waived.
Court Disposition
Disbursements awarded to plaintiff in the sum of $3,507.10; filing fees waived.
Orders
- The defendant is ordered to pay the plaintiff disbursements of $3,507.10.
Full Case Text
Judgment text and source record
1 paragraphs
SMITH v THE ATTORNEY-GENERAL ON BEHALF OF THE DEPARTMENT OF CORRECTIONS [2017] NZHC 821 [28 April 2017]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2016-404-001599[2017] NZHC 821UNDER the Judicature Amendment Act 1972Part 30 of the High Court Rulesand the New Zealand Bill of Rights Act1990IN THE MATTER of an application for judicial reviewBETWEEN PHILLIP JOHN SMITHPlaintiffAND THE ATTORNEY-GENERAL ONBEHALF OF THE DEPARTMENT OFCORRECTIONSDefendantHearing: On the papersJudgment: 28 April 2017COSTS JUDGMENT OF WYLIE JThis judgment was delivered by Justice WylieOn 28 April 2017 at 12.30pmPursuant to r 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors:Crown Law, WellingtonCopy to: Mr P J Smith[1] I refer to my judgment of 16 March 2017.1 I recorded that Mr Smith might be entitled to an award of any reasonable disbursements he incurred, and reserved leave to him to file a memorandum in that regard.[2] Memoranda have now been filed. Mr Smith and the Attorney-General have agreed on the appropriate award of disbursements. Accordingly, I award disbursements as follows:(a) $3,450.00 (for professional assistance from Dr A Ellis);(b) $35.00 (phone cards);(c) $22.10 (stationary).[3] There is no allowance for filing fees. They were waived.[4] Accordingly, I make an order for the payment of disbursements by the defendant to the plaintiff in the sum of $3,507.10._________________________Wylie J1 Smith v The Attorney-General [2017] NZHC 463.