POUTASI V THE CHIEF EXECUTIVE DEPARTMENT OF LABOUR HC WN CIV-2011-485-827
Section 40 of the Legal Services Act 2000 applies to this legal aid funded case and, because there are no exceptional circumstances, no costs order may be made; additionally, even absent s 40 the court would have declined to award costs given the applicant's deportation.
Source-derived case information.
- Citation
- openlaw-0d398f08_7a98_495b_81b0_a2c57ba36b8b.pdf
- Parties
- Applicant: Siaki Poutasi; Respondent: The Chief Executive Department of Labour
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 3 August 2011
- Procedural Posture
- Review of a Decision of the New Zealand Immigration Service / Costs Application After Judgment
- Outcome
- Costs not awarded
- Legal Topics
- Judicial Review, Legal Aid, Costs Awards, Exceptional Circumstances, Deportation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Siaki Poutasi
Applicant
The Chief Executive Department of Labour
Respondent
Procedural Posture
Review of a Decision of the New Zealand Immigration Service / Costs Application After Judgment
Legal Issues
- 1 Whether respondent entitled to costs
- 2 Application of s 40 Legal Services Act 2000 to legal aid funded cases
- 3 Whether exceptional circumstances exist to permit costs against a legal aid funded applicant
Ratio Decidendi
Section 40 of the Legal Services Act 2000 applies to this legal aid funded case and, because there are no exceptional circumstances, no costs order may be made; additionally, even absent s 40 the court would have declined to award costs given the applicant's deportation.
Court Disposition
Costs not awarded
Orders
- No order as to costs
- Registrar to endorse judgment with delivery time 4pm on 3 August 2011
Full Case Text
Judgment text and source record
1 paragraphs
POUTASI V THE CHIEF EXECUTIVE DEPARTMENT OF LABOUR HC WN CIV-2011-485-827 3 August 2011IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2011-485-827UNDER The Judicature Amendment Act 1972IN THE MATTER OF review of a decision of the New ZealandImmigration ServiceBETWEEN SIAKI POUTASIApplicantAND THE CHIEF EXECUTIVEDEPARTMENT OF LABOURRespondentHearing: On the papersCounsel: N R Woods for ApplicantV E Casey for RespondentJudgment: 3 August 2011 at 4:00 PMI direct the Registrar to endorse this judgment with a delivery time of 4pm on the 3rdday of August 2011.COSTS JUDGMENT OF MACKENZIE J[1] In my judgment delivered on 2 June 2011, I said that if costs are sought memoranda may be filed. Counsel for the respondent has subsequently filed a memorandum seeking actual costs of $7482.13, plus disbursements of $173.91. That is less than costs calculated on a 2B basis.[2] In response, counsel for the applicant has advised that the case was funded by legal aid. In those circumstances, s 40 of the Legal Services Act 2000 will apply. No order may be made unless the Court is satisfied that there are exceptionalcircumstances. There are no exceptional circumstances in this case so that an award is not available.[3] I would, in any event, have been minded to make no order for costs in the circumstances where the applicant has now been deported."A D MacKenzie J"Solicitors: Rowland Woods Legal, Wellington, for ApplicantCrown Law for the Respondent