WALLACE & ANOR v THE ROYAL SOCIETY FOR THE PREVENTATION OF CRUELTY TO ANIMALS AUCKLAND (SPCA) AUCKLAND [2019] NZHC 2171
Costs are awarded to the respondent on a 2B basis in the sum of $11,373.00 and the security for costs paid by the appellants is to be released to the respondent and applied in reduction of that costs order.
Source-derived case information.
- Citation
- [2019] NZHC 2171
- Parties
- First Appellant: Janine Ann Wallace; Second Appellant: Barbara Glover; Respondent: The Royal Society for the Prevention of Cruelty to Animals Auckland (SPCA) Auckland
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 September 2019
- Procedural Posture
- Appeal Against Declining of an Adjournment of an Application for Disposal Orders Under the Animal Welfare Act 1999 / Costs Judgment Following Dismissal of the Appeal
- Outcome
- Costs awarded to respondent; security for costs released and applied to reduce the costs order.
- Legal Topics
- Adjournment, Disposal Orders, Costs (scale 2 B), Security for Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janine Ann Wallace
First Appellant
Barbara Glover
Second Appellant
The Royal Society for the Prevention of Cruelty to Animals Auckland (SPCA) Auckland
Respondent
Procedural Posture
Appeal Against Declining of an Adjournment of an Application for Disposal Orders Under the Animal Welfare Act 1999 / Costs Judgment Following Dismissal of the Appeal
Legal Issues
- 1 Whether costs should be awarded on a 2B basis
- 2 Whether the security for costs paid by the appellants should be released and applied to the costs order
Ratio Decidendi
Costs are awarded to the respondent on a 2B basis in the sum of $11,373.00 and the security for costs paid by the appellants is to be released to the respondent and applied in reduction of that costs order.
Court Disposition
Costs awarded to respondent; security for costs released and applied to reduce the costs order.
Orders
- Costs awarded to the respondent on a 2B basis in the sum of $11,373.00.
- The security for costs paid by the appellants is to be released to the respondent and applied in reduction of this costs order.
Full Case Text
Judgment text and source record
1 paragraphs
WALLACE & ANOR v THE ROYAL SOCIETY FOR THE PREVENTATION OF CRUELTY TO ANIMALSAUCKLAND (SPCA) AUCKLAND [2019] NZHC 2171 [2 September 2019]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2018-404-2667[2019] NZHC 2171UNDER the Animal Welfare Act 1999IN THE MATTER of an appeal against the declining of anadjournment of an application for DisposalordersBETWEEN JANINE ANN WALLACEFirst AppellantAND BARBARA GLOVERSecond AppellantAND THE ROYAL SOCIETY FOR THEPREVENTION OF CRUELTY TOANIMALS AUCKLAND (SPCA)AUCKLANDRespondentOn the papersAppearances: M Ryan for AppellantE T Fletcher and Y H Olsen for RespondentJudgment: 2 September 2019COSTS JUDGMENT OF WALKER JThis judgment was delivered by me on 2 September 2019 at 3.15 pmPursuant to Rule 11.5 High Court RulesRegistrar/Deputy Registrar[1] On 10 July 2019 I dismissed the appeal against a decision of McGuire DCJ.[2] The respondent seeks costs payable on a 2B basis.[3] The costs sought total $11,373.00.[4] The appellants accept that costs on this basis are payable. I make an order forcosts in the sum of $11,373.00. I direct that the security for costs paid by the appellantsbe released to the respondent and applied in reduction of this costs order.................................................Walker J