THOMAS CHENG v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO) [2022] NZCA 602
The appellant's failure to pay the required security resulted in the appeal being deemed abandoned and the Court awarded the first respondent costs of $956.00 for filing two memoranda; the judgment may be sealed.
Source-derived case information.
- Citation
- [2022] NZCA 602
- Parties
- Appellant: Thomas Cheng; First Respondent: Prison Director, Auckland South Corrections Facility (Serco); Second Respondent: Attorney-General
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 5 December 2022
- Procedural Posture
- Appeal / Deemed Abandoned Following Non Payment of Security; Judgment on Costs (on the Papers)
- Outcome
- Appeal deemed abandoned; costs awarded to the first respondent.
- Legal Topics
- Abandonment of Appeal, Security for Costs/non Payment, Costs for Filing Memoranda
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Cheng
Appellant
Prison Director, Auckland South Corrections Facility (Serco)
First Respondent
Attorney-General
Second Respondent
Procedural Posture
Appeal / Deemed Abandoned Following Non Payment of Security; Judgment on Costs (on the Papers)
Legal Issues
- 1 Whether the appeal was properly deemed abandoned for non-payment of security
- 2 Whether the first respondent was entitled to costs for filing memoranda in opposition
- 3 Appropriate quantum of costs to award for the memoranda
Ratio Decidendi
The appellant's failure to pay the required security resulted in the appeal being deemed abandoned and the Court awarded the first respondent costs of $956.00 for filing two memoranda; the judgment may be sealed.
Court Disposition
Appeal deemed abandoned; costs awarded to the first respondent.
Orders
- Appellant must pay costs of $956.00 to the first respondent.
- Judgment may be sealed accordingly.
Full Case Text
Judgment text and source record
1 paragraphs
THOMAS CHENG v PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO)[2022] NZCA 602 [5 December 2022]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA325/2022[2022] NZCA 602BETWEEN THOMAS CHENGAppellantAND PRISON DIRECTOR, AUCKLANDSOUTH CORRECTIONS FACILITY(SERCO)First RespondentAND ATTORNEY-GENERALSecond RespondentCounsel: No appearance for AppellantJ K Scragg and E M Greig for First RespondentNo appearance for Second RespondentJudgment:(On the papers)5 December 2022 at 10.00 amJUDGMENT OF MILLER JThe appellant must pay costs of $956.00 to the first respondent.____________________________________________________________________REASONS[1] This appeal has been deemed abandoned following non-payment of security.[2] SERCO seeks costs of filing memoranda in opposition. I consider it is entitledto costs of filing two memoranda, at 0.2 of a day each; that is, $956.00. Judgmentmay be sealed accordingly.Solicitors:Duncan Cotterill, Wellington for First Respondent