RIGHT TO LIFE v THE ABORTION SUPERVISORY COMMITTEE [2014] NZHC 171
Because the Court of Appeal allowed the appeal and directed that the Committee was entitled to costs in the High Court and the parties had not agreed those costs, the High Court fixed costs against the Applicant in favour of the Respondent in the amounts claimed in the respondent's memorandum, the Applicant having...
Source-derived case information.
- Citation
- [2014] NZHC 171
- Parties
- Applicant: Right to Life New Zealand Inc; Respondent: The Abortion Supervisory Committee
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 February 2014
- Procedural Posture
- Civil Judicial Review / Costs Determination
- Outcome
- Costs awarded to Respondent; Applicant ordered to pay $35,165 plus disbursements of $4,308.69 to Respondent.
- Legal Topics
- Costs, Appeal, Judicial Review, Abortion Regulation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Right to Life New Zealand Inc
Applicant
The Abortion Supervisory Committee
Respondent
Procedural Posture
Civil Judicial Review / Costs Determination
Legal Issues
- 1 Whether the respondent is entitled to costs in the High Court following the Court of Appeal decision
- 2 What quantum of costs and disbursements should be fixed by the High Court in the absence of agreement
Ratio Decidendi
Because the Court of Appeal allowed the appeal and directed that the Committee was entitled to costs in the High Court and the parties had not agreed those costs, the High Court fixed costs against the Applicant in favour of the Respondent in the amounts claimed in the respondent's memorandum, the Applicant having made no further submissions on quantum.
Court Disposition
Costs awarded to Respondent; Applicant ordered to pay $35,165 plus disbursements of $4,308.69 to Respondent.
Orders
- The Applicant must pay the Respondent costs of $35,165 and disbursements of $4,308.69, fixed by the High Court in the absence of agreement.
Full Case Text
Judgment text and source record
1 paragraphs
RIGHT TO LIFE v THE ABORTION SUPERVISORY COMMITTEE [2014] NZHC 171 [17 February 2014]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV 2005-485-999[2014] NZHC 171BETWEEN RIGHT TO LIFE NEW ZEALAND INCApplicantAND THE ABORTION SUPERVISORYCOMMITTEERespondentHearing: On PapersCounsel: P McKenzie QC and I C Bassett for ApplicantC Gwyn and W Aldred for RespondentJudgment: 17 February 2014JUDGMENT OF RONALD YOUNG J(Costs)[1] On 9 June 2008 Miller J gave judgment on the substantive issue in these proceedings. At the end of his judgment he indicated that having succeeded in part the Applicant would be entitled to costs. He invited memorandum.[2] In a further judgment of 3 August 2009, Miller J made an order that the respondent must pay the Applicant the costs of the first hearing less the costs of the second hearing all calculated on a 2B basis with provision for two counsel.[3] Miller J's substantive judgment and judgment as to costs was appealed. The Court of Appeal allowed the appeal. As to costs it made the following order:The costs order against the Abortion Supervisory Committee in the High Court is set aside. The Committee is entitled to costs in the High Court. In the absence of agreement, such costs are to be fixed by the High Court.[4] Those orders were not the subject of a successful appeal to the Supreme Court. No agreement as to costs in the High Court has been reached.[5] Counsel for the respondent has filed a memorandum which, she says, reflects the appropriate claim for costs in the High Court. The memorandum, as I understand it, took into account the views of Right to Life New Zealand Incorporated as to the appropriate quantum. Counsel for the Applicant, therefore, advised that he had no further submissions to make on the amount of costs.[6] I, therefore, make an order for costs against the Applicant in favour of the respondent in the sum of $35,165 plus disbursements of $4,308.69.___________________________Ronald Young JSolicitors:P J Doody, ChristchurchCrown Law Office, Wellington