CULLEN v THE CHIEF EXECUTIVE OF THE MINISTRY OF HEALTH [2018] NZHC 1137
The applicant failed to respond to the respondent's costs claim and the Court accepted the respondent's conservative 2B scale calculation and certified disbursements; accordingly the applicant was ordered to pay $29,680.45 in costs and disbursements to the respondent.
Source-derived case information.
- Citation
- [2018] NZHC 1137
- Parties
- Applicant: Rhys Michael Cullen; Respondent: The Chief Executive of the Ministry of Health
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 21 May 2018
- Procedural Posture
- Civil Proceedings Costs Application / Costs Determination Following Judgment
- Outcome
- Applicant ordered to pay respondent costs and disbursements of $29,680.45.
- Legal Topics
- Costs Assessment, Scale 2 B Costs, Disbursements, Failure to File Submissions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rhys Michael Cullen
Applicant
The Chief Executive of the Ministry of Health
Respondent
Procedural Posture
Civil Proceedings Costs Application / Costs Determination Following Judgment
Legal Issues
- 1 Whether the applicant should be ordered to pay costs
- 2 Whether 2B scale costs including two counsel and actual disbursements should be awarded
- 3 Whether the applicant's failure to respond affects costs outcome
Ratio Decidendi
The applicant failed to respond to the respondent's costs claim and the Court accepted the respondent's conservative 2B scale calculation and certified disbursements; accordingly the applicant was ordered to pay $29,680.45 in costs and disbursements to the respondent.
Court Disposition
Applicant ordered to pay respondent costs and disbursements of $29,680.45.
Orders
- Rhys Michael Cullen is ordered to pay to the Chief Executive of the Ministry of Health costs and disbursements in the amount of $29,680.45.
Full Case Text
Judgment text and source record
1 paragraphs
CULLEN v THE CHIEF EXECUTIVE OF THE MINISTRY OF HEALTH [2018] NZHC 1137 [21 May 2018]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2017-404-1750[2018] NZHC 1137BETWEEN RHYS MICHAEL CULLENApplicantAND THE CHIEF EXECUTIVE OF THEMINISTRY OF HEALTHRespondentHearing: [On the papers]Appearances: D R M Cullen in PersonS P Jerebine and T C Burgess for RespondentJudgment: 21 May 2018COSTS JUDGMENT OF JAGOSE JThis judgment is delivered by me on 21 May 2018 at 4.30 pmpursuant to r 11.5 of the High Court Rules......................................................Registrar / Deputy RegistrarSolicitors:Crown Law, WellingtonApplicant:[1] My 20 April 2018 judgment took the preliminary view Dr Cullen should beliable to pay 2B costs to the respondent, including for two counsel, and actual andreasonable disbursements as certified by the Registrar. I reserved costs to bedetermined on memoranda to be filed in accordance with a specified timetable, if mypreliminary view was not accepted by either party and costs could not otherwise beagreed between them.[2] The Chief Executive seeks $29,680.45 in costs and disbursements, calculatedin accordance with my preliminary view. Dr Cullen's view is unknown. He has notresponded to the Chief Executive's communication of its claim to obtain hisagreement. He has not filed anything in response to the Chief Executive'smemorandum, the time for responding to which in accordance with the timetable hasexpired.[3] I have reviewed the Chief Executive's claimed costs and disbursements, set outat the Schedule to the Chief Executive's memorandum. They are a conservativecalculation of 2B scale costs in the proceeding.[4] I order Dr Cullen to pay to the Chief Executive costs and disbursements in theamount of $29,680.45.—Jagose J