THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR V TAITO & ORS CA CA225/04
The successful appellant is entitled to costs because the appeal was allowed and there was no evidence to rebut the presumption that costs follow the event; inability to pay without evidence does not defeat entitlement to costs.
Source-derived case information.
- Citation
- openlaw-a192f723_84e5_4837_9133_9bcd5bda2c14.pdf
- Parties
- Appellant: The Chief Executive of the Department of Labour; Respondent: Tui Taito; Respondent: Itanei Taito; Respondent: Pilua Taito; Respondent: Ana Taito; Respondent: Faafetai Taito; Respondent: Iuliano Taito
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 19 September 2006
- Procedural Posture
- Appeal / Costs Application Following Allowance of Appeal
- Outcome
- Appeal previously allowed; costs awarded to appellant.
- Legal Topics
- Costs Follow the Event, Entitlement to Costs, Ability to Pay, Enforcement of Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Chief Executive of the Department of Labour
Appellant
Tui Taito
Respondent
Itanei Taito
Respondent
Pilua Taito
Respondent
Ana Taito
Respondent
Faafetai Taito
Respondent
Iuliano Taito
Respondent
Procedural Posture
Appeal / Costs Application Following Allowance of Appeal
Legal Issues
- 1 Whether costs should follow the event
- 2 Whether respondents' inability to pay affects entitlement to costs
- 3 Appropriate quantum of costs
Ratio Decidendi
The successful appellant is entitled to costs because the appeal was allowed and there was no evidence to rebut the presumption that costs follow the event; inability to pay without evidence does not defeat entitlement to costs.
Court Disposition
Appeal previously allowed; costs awarded to appellant.
Orders
- Respondents must pay to the appellant costs in the sum of $6,000 plus usual disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR V TAITO & ORS CA CA225/04 19 September 2006IN THE COURT OF APPEAL OF NEW ZEALAND CA225/04 CA54/05BETWEEN THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR Appellant AND TUI TAITO, ITANEI TAITO, PILUA TAITO, ANA TAITO, FAAFETAI TAITO, AND IULIANO TAITO Respondents Hearing: 12 and 13 October 2005 Court: William Young P, Chambers and Panckhurst JJ Counsel: I C Carter, B Keith and K M Howard for Appellant H N Ratcliffe and J A Sutton for Respondents Judgment: 19 September 2006 Reasons: 19 September 2006 at 11 am(COSTS) JUDGMENT OF THE COURT The respondents must pay to the appellant costs in the sum of $6,000 plus usual disbursements. ____________________________________________________________________ REASONS OF THE COURT(Given by Chambers J)[1] On 8 February this year, we allowed the appeal of the Chief Executive of the Department of Labour. We reserved costs. We said that, if they could not be agreed, memorandums might be filed. [2] Mr Carter, for the Chief Executive, has now applied for costs. He said that he had attempted to agree informally on costs with the respondents' counsel. He said that the respondents' counsel had made several unsuccessful attempts to contact her clients. She had received no response and had no instructions. [3] Mr Carter submitted:Nothing about these appeals warrants a departure from the presumption that costs follow the event. There is no evidence before the court concerning the respondent's ability to pay. In any event, this factor does not affect entitlement to costs but is relevant only to enforcement.[4] We agree. There will accordingly be an order for costs in the sum of $6,000, plus usual disbursements.Solicitors: Crown Law Office, Wellington, for Appellant Otene & Lewis, Onehunga, Auckland for Respondents