HUNT V NEW PLYMOUTH DISTRICT COUNCIL COA CA789/2010
The Court ordered the appellant to pay costs to the respondent as for a complex appeal on a band A basis with usual disbursements, certified for second counsel, set a payment deadline of 29 February 2012, and granted leave for the respondent to apply to expand liability to attorneys and/or parties to the Deed if...
Source-derived case information.
- Citation
- COA CA789/2010
- Parties
- Appellant: Raymond Miller Hunt; Respondent: New Plymouth District Council
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 3 November 2011
- Procedural Posture
- Appeal (court of Appeal) / Costs Determination (post Judgment)
- Outcome
- Costs awarded to respondent; appellant ordered to pay
- Legal Topics
- Costs Orders, Certification for Second Counsel, Leave to Apply for Supplementary Orders, Liability Under Deed/agency
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Miller Hunt
Appellant
New Plymouth District Council
Respondent
Procedural Posture
Appeal (court of Appeal) / Costs Determination (post Judgment)
Legal Issues
- 1 whether to award costs on appeal
- 2 who should be liable for costs (appellant alone or including attorneys/parties to deed)
- 3 appropriate scale/band of costs
Ratio Decidendi
The Court ordered the appellant to pay costs to the respondent as for a complex appeal on a band A basis with usual disbursements, certified for second counsel, set a payment deadline of 29 February 2012, and granted leave for the respondent to apply to expand liability to attorneys and/or parties to the Deed if costs were unpaid by that date.
Court Disposition
Costs awarded to respondent; appellant ordered to pay
Orders
- The appellant must pay costs to the respondent as for a complex appeal on a band A basis along with usual disbursements. We certify for second counsel.
- The appellant will have until 29 February 2012 to pay the costs and disbursements ordered.
Full Case Text
Judgment text and source record
1 paragraphs
HUNT V NEW PLYMOUTH DISTRICT COUNCIL COA CA789/2010 3 November 2011IN THE COURT OF APPEAL OF NEW ZEALANDCA789/2010[2011] NZCA 551BETWEEN RAYMOND MILLER HUNTAppellantAND NEW PLYMOUTH DISTRICT COUNCILRespondentCourt: O'Regan P, Chambers and Randerson JJCounsel: B P Henry and K M Towt for AppellantD J Goddard QC, J Shackleton and H M Blomfield for RespondentJudgment: 3 November 2011 at 3:00 PMJUDGMENT OF THE COURT AS TO COSTSA The appellant must pay costs to the respondent as for a complex appeal on a band A basis along with usual disbursements. We certify for second counsel.B The appellant will have until 29 February 2012 to pay the costs and disbursements ordered.C If, by that date, the costs have not been paid (or have not been paid in full) leave is given to the respondent to apply for supplementary orders, including an order expanding those responsible for payment of the costs.___________________________________________________________________REASONS OF THE COURT(Given by Randerson J)[1] Since our Minute of 26 October 2011 we have received and considered the submissions made on behalf of the appellant.[2] We have decided that it is appropriate to make an order for costs only against the appellant in the first instance but we are willing to permit the respondent to apply further should the costs not be paid within a reasonable period. In that event, the Court would be prepared to receive submissions to the effect that the costs order be widened to hold responsible the attorneys appointed under the Deed of 21 May 2010 and/or all those who are parties to that Deed.[3] On that footing, we order:(a) The appellant must pay costs to the respondent as for a complex appeal on a band A basis along with usual disbursements. We certify for second counsel.(b) The appellant will have until 29 February 2012 to pay the costs and disbursements ordered.(c) If, by that date, the costs have not been paid (or have not been paid in full) leave is given to the respondent to apply for supplementary orders, including an order expanding those responsible for payment of the costs.Solicitors:Denis King Law, New Plymouth for AppellantSimpson Grierson, Wellington for Respondent