SIEMER V JUDICIAL CONDUCT COMMISSIONER HC AK CIV-2012-404-0646

SIEMER V JUDICIAL CONDUCT COMMISSIONER HC AK CIV-2012-404-0646

Because the defendants succeeded on summary judgment and the costs claimed were correctly calculated under the High Court Rules, and because the plaintiff did not file any opposing submissions, the court awarded the first defendant costs of $12,497.20 (comprising $11,442.50 costs and $1,054.70 disbursements).

Citation
openlaw-3744f748_2db6_4a1e_b080_23e00271a45d.pdf
Parties
Plaintiff: Vincent Ross Siemer; First Defendant: Judicial Conduct Commissioner; Second Defendant: Sian Seerpoohi Elias; Second Defendant: Peter Blanchard; Fourth Defendant: John McGrath; Fifth Defendant: William Young; Sixth Defendant: Andrew Tipping
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 November 2012
Procedural Posture
Civil Summary Judgment Application / Post Judgment Costs Determination
Outcome
Costs awarded to First Defendant; plaintiff ordered to pay $12,497.20
Legal Topics
Summary Judgment, Costs Assessment, High Court Rules, Disbursements
Civil Procedure Judicial Conduct Costs Law Summary Judgment Costs Assessment High Court Rules Disbursements

Case Brief

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Parties

Vincent Ross Siemer

Plaintiff

Judicial Conduct Commissioner

First Defendant

Sian Seerpoohi Elias

Second Defendant

Peter Blanchard

Second Defendant

John McGrath

Fourth Defendant

William Young

Fifth Defendant

Andrew Tipping

Sixth Defendant

Procedural Posture

Civil Summary Judgment Application / Post Judgment Costs Determination

Legal Issues

  1. 1 entitlement to costs following summary judgment
  2. 2 calculation of costs under High Court Rules
  3. 3 effect of failure to file a reply memorandum on costs contest

Ratio Decidendi

Because the defendants succeeded on summary judgment and the costs claimed were correctly calculated under the High Court Rules, and because the plaintiff did not file any opposing submissions, the court awarded the first defendant costs of $12,497.20 (comprising $11,442.50 costs and $1,054.70 disbursements).

Court Disposition

Costs awarded to First Defendant; plaintiff ordered to pay $12,497.20

Orders

  • Plaintiff to pay contribution to First Defendant's costs totalling $12,497.20
  • Breakdown: costs $11,442.50 and disbursements $1,054.70