STAN SEMENOFF LOGGING LTD v NEW ZEALAND TRANSPORT AGENCY [2020] NZHC 361
By consent and having received the joint memorandum recording agreement on costs, the Court awarded costs to the respondent NZTA against the appellant SSL on a 2B basis in the sum of $16,730.
Source-derived case information.
- Citation
- [2020] NZHC 361
- Parties
- Appellant: Stan Semenoff Logging Limited; Respondent: New Zealand Transport Agency
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 3 March 2020
- Procedural Posture
- Appeal on Questions of Law Regarding Road User Charges / Post‑judgment Costs Determination (on the Papers)
- Outcome
- Costs awarded to respondent New Zealand Transport Agency against appellant Stan Semenoff Logging Ltd following dismissal of the appeal; costs fixed by consent.
- Legal Topics
- Road User Charges, Costs Award, Appeal on Question of Law, Consent Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stan Semenoff Logging Limited
Appellant
New Zealand Transport Agency
Respondent
Procedural Posture
Appeal on Questions of Law Regarding Road User Charges / Post‑judgment Costs Determination (on the Papers)
Legal Issues
- 1 Whether costs should be awarded following dismissal of the appeal
- 2 Whether agreed costs on a 2B scale were appropriate and should be entered by the Court
- 3 Quantum of costs to be awarded
Ratio Decidendi
By consent and having received the joint memorandum recording agreement on costs, the Court awarded costs to the respondent NZTA against the appellant SSL on a 2B basis in the sum of $16,730.
Court Disposition
Costs awarded to respondent New Zealand Transport Agency against appellant Stan Semenoff Logging Ltd following dismissal of the appeal; costs fixed by consent.
Orders
- Costs awarded to New Zealand Transport Agency against Stan Semenoff Logging Ltd in the sum of $16,730 on a 2B basis, to be paid by Stan Semenoff Logging Ltd
Full Case Text
Judgment text and source record
1 paragraphs
STAN SEMENOFF LOGGING LTD v NEW ZEALAND TRANSPORT AGENCY [2020] NZHC 361 [3 March2020]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2019-404-1427[2020] NZHC 361BETWEEN STAN SEMENOFF LOGGING LIMITEDAppellantAND NEW ZEALAND TRANSPORT AGENCYRespondentHearing: On the papersCounsel: D Neutze for the AppellantR McCoubrey and B Thompson for the RespondentJudgment: 3 March 2020JUDGMENT OF GORDON J[As to costs]This judgment was delivered by meon 3 March 2020 at 2 pm, pursuant tor 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:Solicitors: Brookfields Lawyers, AucklandMeredith Connell, Auckland[1] On 30 January 2020 I gave a decision dismissing the appeal by the appellant,Stan Semenoff Logging Ltd (SSL) on questions of law against a decision of a DistrictCourt Judge regarding road user charges.1[2] I reserved costs and directed that if the parties were able to agree costs a jointmemorandum should be filed within 20 working days.2[3] I have received a joint memorandum of counsel recording that the parties hadconferred and had agreed that costs should be awarded in favour of the respondent,New Zealand Transport Agency (NZTA) on a 2B basis in accordance with the agreedschedule annexed to counsel's memorandum.[4] By consent I award costs in the sum of $16,730 in favour of the NZTA againstSSL.___________________________________Gordon J1 Stan Semenoff Logging Ltd v New Zealand Transport Agency [2020] NZHC 40.2 At [95].