THE COLLEGE RIFLES RUGBY UNION FOOTBALL & SPORTS CLUB v THE MINISTER OF LANDS AND THE MINISTRY OF EDUCATION [2015] NZHC 2505
Costs are awarded to the defendants on a 2B basis in the agreed sum of $37,681.67; the plaintiff is ordered to pay that amount.
Source-derived case information.
- Citation
- [2015] NZHC 2505
- Parties
- Plaintiff: The College Rifles Rugby Union Football & Sports Club Inc; Defendant: The Minister of Lands and the Ministry of Education
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 13 October 2015
- Procedural Posture
- Civil Proceeding Declarations Concerning Lease Agreement With the Crown / Costs Determination (post Judgment)
- Outcome
- Costs awarded to defendant
- Legal Topics
- Costs, Declarations, Lease
Source-derived case record
Summary, issues, holding and outcome
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Parties
The College Rifles Rugby Union Football & Sports Club Inc
Plaintiff
The Minister of Lands and the Ministry of Education
Defendant
Procedural Posture
Civil Proceeding Declarations Concerning Lease Agreement With the Crown / Costs Determination (post Judgment)
Legal Issues
- 1 Whether costs should be awarded to the defendant
- 2 Appropriate scale for costs (2B)
- 3 Quantum of costs to be awarded
Ratio Decidendi
Costs are awarded to the defendants on a 2B basis in the agreed sum of $37,681.67; the plaintiff is ordered to pay that amount.
Court Disposition
Costs awarded to defendant
Orders
- The College Rifles Rugby Union Football & Sports Club Inc is to pay costs to the Minister of Lands and the Ministry of Education on a 2B basis in the sum of $37,681.67.
Full Case Text
Judgment text and source record
1 paragraphs
THE COLLEGE RIFLES RUGBY UNION FOOTBALL & SPORTS CLUB v THE MINISTER OF LANDS AND THE MINISTRY OF EDUCATION [2015] NZHC 2505 [13 October 2015]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2014-404-001206[2015] NZHC 2505BETWEEN THE COLLEGE RIFLES RUGBYUNION FOOTBALL & SPORTS CLUBPlaintiffAND THE MINISTER OF LANDS AND THEMINISTRY OF EDUCATIONDefendantHearing: (On the papers)Counsel: Prajna Moodley for the PlaintiffKenneth Stephen and Heidi Baillie for the DefendantJudgment: 13 October 2015[COSTS] JUDGMENT OF MOORE JThis judgment was delivered by me on 13 October 2015 at 3:00pmpursuant to Rule 11.5 of the High Court Rules.Registrar/ Deputy RegistrarDate:[1] On 24 August 2015, I issued a judgment rejecting an application by College Rifles Rugby Union Football & Sports Club Inc ("College Rifles") for declarationsrelating to its agreement with the Crown for the lease of its property.1 In that judgment I expressed a preliminary view that costs should be awarded on a 2B basis.2[2] I have now received a joint memorandum from counsel. They are agreed that costs should be awarded on a 2B basis and provide a figure of $37,681.67.[3] I therefore order College Rifles to pay costs to the defendant on a 2B basis in the sum of $37,681.67.Moore JSolicitors:Brookfields Lawyers, AucklandCrown Law, Wellington1 The College Rifles Rugby Union Football & Sports Club Inc v Minister of Lands and the Ministry of Education [2015] NZHC 2001.2 At [116].