GREGORY v THAMES COROMANDEL DISTRICT COUNCIL [2018] NZHC 699

GREGORY v THAMES COROMANDEL DISTRICT COUNCIL [2018] NZHC 699

Defendants were entitled to costs for their unarguable claim to Section 20 land and the personal claim against Mr Leach, but the plaintiffs' partial and public interest success on lesser customary interests in reclaimed land justified departing from a full costs award; self-represented plaintiffs may only recover disbursements; naming Mr Leach personally was improper and the costs associated with that personalization are apportioned at 15% against the plaintiffs, with the remainder of costs and disbursements to lie where they fall except for a joint order in favour of TCDC and Mr Leach on a 2B basis for the personalisation/Section 20 aspects, quantum to be fixed if not agreed.

Citation
[2018] NZHC 699
Parties
First Plaintiff: Colt Gregory (Authorised Executor) of Uri o Tamatepo; Second Plaintiff: Peter James Martin (Registrar) of Whakaminernga ki Hauraki; First Defendant: Thames Coromandel District Council; Second Defendant: Glenn Leach; Third Defendant: John Hook; Fourth Defendant: Minister for Land Information; Fifth Defendant: Schmitt Group
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 April 2018
Procedural Posture
Civil Land Dispute (tangata Whenua Claims) / Costs Judgment Following Summary Judgment and Strike Out Orders
Outcome
Costs and disbursements otherwise lie where they fall; exception: joint order for costs and disbursements in favour of TCDC and Mr Leach on a 2B basis against the plaintiffs jointly and severally in respect of the Section 20 claim and the personalisation of Mr Leach, with 15% of costs attributable to the...
Legal Topics
Summary Judgment, Costs Allocation, Reclaimed Land, Customary Title, Indefeasible Title, Striking Out, Public Interest, Taonga Tuku Iho
Property Law Māori Land Law Civil Procedure Costs Law Summary Judgment Costs Allocation Reclaimed Land Customary Title +4 more

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Parties

Colt Gregory (Authorised Executor) of Uri o Tamatepo

First Plaintiff

Peter James Martin (Registrar) of Whakaminernga ki Hauraki

Second Plaintiff

Thames Coromandel District Council

First Defendant

Glenn Leach

Second Defendant

John Hook

Third Defendant

Minister for Land Information

Fourth Defendant

Schmitt Group

Fifth Defendant

Procedural Posture

Civil Land Dispute (tangata Whenua Claims) / Costs Judgment Following Summary Judgment and Strike Out Orders

Legal Issues

  1. 1 Whether successful parties (TCDC and Mr Leach) are entitled to costs for successful summary judgment on Section 20 land and personal claim against Mr Leach
  2. 2 Whether self-represented plaintiffs can recover solicitor costs or only disbursements
  3. 3 Appropriate apportionment of costs given partial plaintiff success on reclaimed land issues of public interest

Ratio Decidendi

Defendants were entitled to costs for their unarguable claim to Section 20 land and the personal claim against Mr Leach, but the plaintiffs' partial and public interest success on lesser customary interests in reclaimed land justified departing from a full costs award; self-represented plaintiffs may only recover disbursements; naming Mr Leach personally was improper and the costs associated with that personalization are apportioned at 15% against the plaintiffs, with the remainder of costs and disbursements to lie where they fall except for a joint order in favour of TCDC and Mr Leach on a 2B basis for the personalisation/Section 20 aspects, quantum to be fixed if not agreed.

Court Disposition

Costs and disbursements otherwise lie where they fall; exception: joint order for costs and disbursements in favour of TCDC and Mr Leach on a 2B basis against the plaintiffs jointly and severally in respect of the Section 20 claim and the personalisation of Mr Leach, with 15% of costs attributable to the...

Orders

  • Costs and disbursements to lie where they fall except as below
  • Joint order for costs on a 2B basis and disbursements in favour of Thames Coromandel District Council and Glenn Leach against the plaintiffs jointly and severally in respect of the Section 20 land claim and the personal claim against Mr Leach