THE GEORGINA COMPANY LIMITED V SOUTHLAND REGIONAL COUNCIL HC INV CIV 2005-485-001131
The Court held the matter should be assessed as an appeal and not as commencement of civil proceedings; applying Schedule 3 items 13-16 and the Court of Appeal guide the appropriate costs award was $3,000 with disbursements of $1,400, total $4,400.
Source-derived case information.
- Citation
- openlaw-f10d4c92_e7b9_4767_b910_7d3ed3c9d98d.pdf
- Parties
- Appellant: The Georgina Company Limited; Respondent: Southland Regional Council
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 November 2005
- Procedural Posture
- Appeal From Environment Court / Costs Application Following Successful Appeal
- Outcome
- Costs awarded to appellant
- Legal Topics
- Appeal Costs, High Court Rules Schedule 3, Costs Assessment
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Georgina Company Limited
Appellant
Southland Regional Council
Respondent
Procedural Posture
Appeal From Environment Court / Costs Application Following Successful Appeal
Legal Issues
- 1 Whether costs should be assessed on a 2B scale as for commencement of civil proceedings or as an appeal under Schedule 3 items 13-16
- 2 Appropriate quantum of costs for an appeal from the Environment Court
- 3 Use of Court of Appeal guidance in fixing a practical costs award
Ratio Decidendi
The Court held the matter should be assessed as an appeal and not as commencement of civil proceedings; applying Schedule 3 items 13-16 and the Court of Appeal guide the appropriate costs award was $3,000 with disbursements of $1,400, total $4,400.
Court Disposition
Costs awarded to appellant
Orders
- Costs awarded to The Georgina Company Limited in the sum of $3,000
- Disbursements of $1,400 are to be paid to The Georgina Company Limited
Full Case Text
Judgment text and source record
1 paragraphs
THE GEORGINA COMPANY LIMITED V SOUTHLAND REGIONAL COUNCIL HC INV CIV 2005-485- 001131 17 November 2005IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY CIV 2005-485-001131BETWEEN THE GEORGINA COMPANY LIMITED Appellant AND SOUTHLAND REGIONAL COUNCIL Respondent Hearing: On Papers Judgment: 17 November 2005COSTS JUDGMENT OF FOGARTY J[1] The appellant succeeded on appeal from the Environment Court. In the decision of this Court on 27 September the Court held that the appellant is entitled to costs. [2] The appellant has sought costs calculated on a 2B scale. The appellant has proceeded by equating the pleadings required to launch an appeal against the Environment Court on a point of law as akin to commencing civil proceedings by the plaintiff. Item 1 of Schedule 3 of the High Court Rules includes in that exercise: receiving instructions, researching facts and the law, preparing, filing and serving a statement of claim and notice of proceeding. [3] This was an appeal after a hearing before the Environment Court which proceeded into two days. In my view it is more appropriate to treat the costs as an appeal.[4] Schedule 3 of the High Court Rules has four items, 13-16 inclusive, for appeals and reviews of Associate Judges. On a 2B basis the commencement of the appeal allows for half a day. [5] Using these items and calculating there would be: Item 13 $725 Item 14 $290 Item 15 $290 Preparation for hearing – the time occupied by the hearing measured in quarter days, was half a day $725 Appearance at the hearing $725 _______ TOTAL $2,755 ====== [6] This broadly equates the Court of Appeal costing. Costs in the Court of Appeal vary. There, successful awards of costs are usually $3,000 for a half day hearing or $6,000 for a full day, together with the usual disbursements. [7] Appeals can vary in their complexity. This one, although a short point, was complex and to a degree subtle. I prefer to follow the guide of the Court of Appeal here. [8] Costs will be allowed in the sum of $3,000 together with the claimed disbursements of $1,400, a total of $4,400. Fogarty JSolicitors: Blake Horder Gowing, Wanaka, for Appellant Barry J Slowley, Invercargill, for Respondent