RAYLEE PATRICIA HARLEY V THE REGISTRAR-GENERAL OF LAND HC WN CIV 2009-485-2167
The costs judgment was recalled because the respondent's memorandum on costs may not have been served on the applicant; procedural fairness requires service of the memorandum and an opportunity for the applicant to file a response within prescribed time limits before the Court determines costs.
Source-derived case information.
- Citation
- openlaw-e59547f4_3430_4c7a_ada3_bc9b22831c25.pdf
- Parties
- Applicant: Raylee Patricia Harley; Respondent: The Registrar‑General of Land
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 28 July 2010
- Procedural Posture
- Appeal Under Section 217 of the Land Transfer Act 1952 / Post Judgment Costs Stage (recall of Costs Judgment)
- Outcome
- Costs judgment recalled and remitted for reconsideration subject to service and response timetables
- Legal Topics
- Land Transfer Act 1952, Section 217 Appeal, Costs Recall, Service of Documents
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raylee Patricia Harley
Applicant
The Registrar‑General of Land
Respondent
Procedural Posture
Appeal Under Section 217 of the Land Transfer Act 1952 / Post Judgment Costs Stage (recall of Costs Judgment)
Legal Issues
- 1 Whether a costs judgment should be recalled where the respondent's costs memorandum may not have been served on the applicant
- 2 What procedural steps and timeframes should be ordered to remedy lack of service and to afford the applicant an opportunity to respond
Ratio Decidendi
The costs judgment was recalled because the respondent's memorandum on costs may not have been served on the applicant; procedural fairness requires service of the memorandum and an opportunity for the applicant to file a response within prescribed time limits before the Court determines costs.
Court Disposition
Costs judgment recalled and remitted for reconsideration subject to service and response timetables
Orders
- The costs judgment dated 6 May 2010 is recalled.
- Respondent to serve the applicant's counsel with a copy of its costs memorandum within seven days from the date of the judgment recalling costs.
Full Case Text
Judgment text and source record
1 paragraphs
RAYLEE PATRICIA HARLEY V THE REGISTRAR-GENERAL OF LAND HC WN CIV 2009-485-2167 28 July 2010IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2009-485-2167IN THE MATTER OF the Land Transfer Act 1952 AND IN THE MATTER OF an appeal under section 217 of the Act BETWEEN RAYLEE PATRICIA HARLEY Applicant AND THE REGISTRAR-GENERAL OF LAND Respondent Hearing: On Papers Counsel: C R Carruthers QC for Applicant J R Burns for Respondent Judgment: 28 July 2010JUDGMENT OF RONALD YOUNG J (Recall of Costs Judgment)[1] On 30 March 2010 I released my judgment relating to the applicant's application pursuant to s 217 of the Land Transfer Act 1952. I refused the application. At the end of my judgment I indicated that if the respondent sought costs then memoranda should be filed within 14 days with the applicant having a further 14 days within which to respond. [2] On 9 April 2010 counsel for the respondent filed a memorandum for costs. On 6 May 2010 I issued a costs judgment. The Court had not received any response memorandum from the applicant.[3] It now appears as though, for reasons not now relevant, the costs memorandum of the respondent may not have been served on the applicant. In those circumstances it is proper that I recall my costs judgment which I now do. [4] The respondent has already filed its costs memorandum. It should within seven days from today's date serve the applicant's counsel with a copy of that memorandum. The applicant then has 14 days after service within which to file a memorandum in response. I will then consider and release a costs judgment. __________________________ Ronald Young JSolicitors: C D Sygrove, Sygrove Law Office, PO Box 2890, Wellington 6140, email: office@sygrovelaw.co.nz J R Burns, Crown Law, PO Box 2858, Wellington, email: james.burns@crownlaw.govt.nz