PASCOE v NGATI TAMA CUSTODIAN TRUSTEE LIMITED [2023] NZHC 1787

PASCOE v NGATI TAMA CUSTODIAN TRUSTEE LIMITED [2023] NZHC 1787

The interim application was dismissed because it was not urgent under r 7.53(2) of the High Court Rules, there was no serious question to be tried, and the balance of convenience and overall justice did not support granting an interim injunction; accordingly, costs follow the event and are awarded on a 2B scale with separate costs to the first respondent and joint costs to the second and third respondents.

Citation
[2023] NZHC 1787
Parties
Applicant: Tony James Sofus Pascoe; Applicant: Debbie Ann Pascoe; First Respondent: Ngāti Tama Custodian Trustee Limited; Second Respondent: Waka Kotahi New Zealand Transport Agency; Third Respondent: Minister of Land Information
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 July 2023
Procedural Posture
Application for Interim Injunction / Costs Determination (post Dismissal)
Outcome
Application for interim injunction dismissed; costs awarded to respondents on a 2B basis.
Legal Topics
Interim Injunctions, Urgency Under High Court Rules, Balance of Convenience, Costs Allocation, Scale Costs 2 B
Civil Procedure Property Law Administrative Law Equity Interim Injunctions Urgency Under High Court Rules Balance of Convenience Costs Allocation +1 more

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Parties

Tony James Sofus Pascoe

Applicant

Debbie Ann Pascoe

Applicant

Ngāti Tama Custodian Trustee Limited

First Respondent

Waka Kotahi New Zealand Transport Agency

Second Respondent

Minister of Land Information

Third Respondent

Procedural Posture

Application for Interim Injunction / Costs Determination (post Dismissal)

Legal Issues

  1. 1 Whether the interim application was urgent under r 7.53(2) High Court Rules 2016
  2. 2 Whether there was a serious question to be tried
  3. 3 Where the balance of convenience and overall justice lay

Ratio Decidendi

The interim application was dismissed because it was not urgent under r 7.53(2) of the High Court Rules, there was no serious question to be tried, and the balance of convenience and overall justice did not support granting an interim injunction; accordingly, costs follow the event and are awarded on a 2B scale with separate costs to the first respondent and joint costs to the second and third respondents.

Court Disposition

Application for interim injunction dismissed; costs awarded to respondents on a 2B basis.

Orders

  • Costs and disbursements awarded to the First Respondent (Ngāti Tama Custodian Trustee Limited) in the sum of $8460.45 NZD.
  • Costs and disbursements awarded to the Second Respondent (Waka Kotahi New Zealand Transport Agency) and Third Respondent (Minister of Land Information) jointly in the sum of $9894.65 NZD.