STEVRYN HOLDINGS LIMITED v THE DIRECTOR OF LAND TRANSPORT [2021] NZHC 3341
As the successful party following the applicant's withdrawal, the respondent is entitled to costs assessed as a category 2, band B matter under the High Court Rules; costs and the claimed disbursement are fixed at the amounts calculated by reference to Schedule 3, resulting in an award of $10,611.65.
Source-derived case information.
- Citation
- [2021] NZHC 3341
- Parties
- Applicant: STEVRYN HOLDINGS LIMITED; Respondent: THE DIRECTOR OF LAND TRANSPORT
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 7 December 2021
- Procedural Posture
- Judicial Review of Licence Revocation / Costs Determination Following Withdrawal of Proceeding (application Withdrawn With Interim Orders Rescinded)
- Outcome
- Applicant ordered to pay costs and disbursements to respondent
- Legal Topics
- Judicial Review, Costs, Licence Revocation, Interim Relief
Source-derived case record
Summary, issues, holding and outcome
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Parties
STEVRYN HOLDINGS LIMITED
Applicant
THE DIRECTOR OF LAND TRANSPORT
Respondent
Procedural Posture
Judicial Review of Licence Revocation / Costs Determination Following Withdrawal of Proceeding (application Withdrawn With Interim Orders Rescinded)
Legal Issues
- 1 Whether the respondent is entitled to costs after the applicant withdrew the judicial review proceeding
- 2 Appropriate costs category and band under the High Court Rules
- 3 Whether claimed disbursements are recoverable
Ratio Decidendi
As the successful party following the applicant's withdrawal, the respondent is entitled to costs assessed as a category 2, band B matter under the High Court Rules; costs and the claimed disbursement are fixed at the amounts calculated by reference to Schedule 3, resulting in an award of $10,611.65.
Court Disposition
Applicant ordered to pay costs and disbursements to respondent
Orders
- Applicant to pay to the respondent the costs and disbursements of this proceeding fixed in the total sum of $10,611.65
Full Case Text
Judgment text and source record
1 paragraphs
STEVRYN HOLDINGS LIMITED v THE DIRECTOR OF LAND TRANSPORT [2021] NZHC 3341 [7December 2021]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2021-409-354[2021] NZHC 3341BETWEEN STEVRYN HOLDINGS LIMITEDApplicantAND THE DIRECTOR OF LAND TRANSPORTRespondentAppearances: No appearance for ApplicantN S Wood and B J M McIntosh for RespondentJudgment: 7 December 2021(Determined on the papers)JUDGMENT OF OSBORNE J(Costs)This judgment was delivered by me on 7 December 2021 at 4.20 pmPursuant to Rule 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate[1] The applicant, a freight transport provider, sought judicial review of a decisionof the respondent to revoke the applicant's goods service licence.[2] The respondent opposed the application.[3] The applicant in issuing its proceeding obtained without notice interim reliefin the form of orders for its licence to continue in force. Substantial evidence wasfiled on both sides in preparation for an on-notice hearing.[4] Subsequently the parties agreed, instead of having an interlocutory hearing, toproceed straight to a substantive hearing which was scheduled for 16 November 2021.[5] On 9 November 2021 the applicant was granted leave to withdraw itsapplication and the interim orders previously made were rescinded.[6] The costs and disbursements of the proceeding were reserved.The respondent's application[7] The respondent seeks costs on a 2B basis1 together with disbursements.[8] The proceeding is appropriately a category 2 matter and I so determine.[9] Counsel for the respondent have appropriately calculated the costs by referenceto items 2, 11 and 30, schedule 3, High Court Rules, to amount to $10,516. In addition,the respondent claims his disbursement of $95.65 (that representing the GST exclusiveamount of its filing fee).Discussion[10] The respondent is entitled to his costs and disbursements as the successful partyin this proceeding.2[11] The sums sought by the respondent are appropriate and will be awarded.1 High Court Rules 2016, category 2 under r 14.3(1) and band B under r 14.5(2).2 High Court Rules, r 14.2 (1)(a).Order[12] I order the applicant to pay to the respondent the costs and disbursements ofthis proceeding fixed in the total sum of $10,611.65.Osborne JSolicitors:Wynn Williams, ChristchurchChapman Tripp, WellingtonCopy to: Director of ApplicantD MacDonald