THE ATTORNEY-GENERAL V TE RUNANGA O NGATI AWA AND ANOR CA CA222/04
By consent the Court allowed the appeal, set aside the prior High Court costs judgments, ordered costs of $23,952.50 in favour of the first respondent for the High Court hearing, and made no order for costs for the appeal.
Source-derived case information.
- Citation
- openlaw-f231eecc_9df9_4706_86f3_25c5729323f0.pdf
- Parties
- Appellant: THE ATTORNEY-GENERAL; First Respondent: TE RUNANGA O NGATI AWA; Second Respondent: THE WHAKATANE DISTRICT COUNCIL
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 August 2005
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment (consent)
- Outcome
- Appeal allowed by consent; prior High Court costs judgments set aside; costs awarded to first respondent for High Court hearing; no order for costs for appeal.
- Legal Topics
- Costs Orders, Setting Aside Costs Judgments, Consent Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE ATTORNEY-GENERAL
Appellant
TE RUNANGA O NGATI AWA
First Respondent
THE WHAKATANE DISTRICT COUNCIL
Second Respondent
Procedural Posture
Civil Appeal / Court of Appeal Judgment (consent)
Legal Issues
- 1 Whether the High Court costs judgments should be set aside
- 2 Whether to award costs to the first respondent in respect of the High Court hearing
- 3 Whether any order for costs should be made in respect of the appeal
Ratio Decidendi
By consent the Court allowed the appeal, set aside the prior High Court costs judgments, ordered costs of $23,952.50 in favour of the first respondent for the High Court hearing, and made no order for costs for the appeal.
Court Disposition
Appeal allowed by consent; prior High Court costs judgments set aside; costs awarded to first respondent for High Court hearing; no order for costs for appeal.
Orders
- The costs judgments of Goddard J dated 24 September 2004 and 11 October 2004 are set aside.
- An order for costs on a 2B scale (plus disbursements) in the sum of $23,952.50 is made in favour of the first respondent in respect of the hearing in the High Court.
Full Case Text
Judgment text and source record
1 paragraphs
THE ATTORNEY-GENERAL V TE RUNANGA O NGATI AWA AND ANOR CA CA222/04 10 August 2005IN THE COURT OF APPEAL OF NEW ZEALAND CA222/04BETWEEN THE ATTORNEY-GENERAL Appellant AND TE RUNANGA O NGATI AWA First Respondent AND THE WHAKATANE DISTRICT COUNCIL Second Respondent Court: Anderson P, Chambers and Robertson JJ Counsel: L M Hansen for Appellant A H J Commons for First Respondent A M B Green for Second Respondent Judgment: 10 August 2005JUDGMENT OF THE COURT By consent, the appeal is allowed and: A The costs judgments of Goddard J dated 24 September 2004 and 11 October 2004 are set aside. B An order for costs on a 2B scale (plus disbursements) in the sum of $23,952.50 is made in favour of the first respondent in respect of the hearing in the High Court. C No order for costs is made in respect of the appeal.____________________________________________________________________REASONS(Given by Robertson J) [1] No criticism of the judgment under appeal is to be inferred. It is simply the case that, in the particular circumstances, it is appropriate to give effect to the way the parties have themselves resolved the issue.Solicitors: Crown Law Office, Wellington for Appellant Martelli McKegg Wells & Cormack, Auckland for First Respondent Brookfields, Auckland for Second Respondent