SIEMER v REGISTRAR OF THE SUPREME COURT [2021] NZHC 1951
The proceeding was a quintessential abuse of process consisting of a repackaged claim previously struck out; accordingly the respondent succeeded and was entitled to costs on the usual 1B scale together with disbursements.
Source-derived case information.
- Citation
- [2021] NZHC 1951
- Parties
- Applicant: Vincent Ross Siemer; Respondent: Registrar of the Supreme Court
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 July 2021
- Procedural Posture
- Civil Proceeding Strike Out Application / Costs Application Following Strike Out Order
- Outcome
- Proceeding struck out; costs awarded to respondent on 1B basis with disbursements.
- Legal Topics
- Strike Out, Abuse of Process, Costs Awards, High Court Rules R15.1, Scale 1 B
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ross Siemer
Applicant
Registrar of the Supreme Court
Respondent
Procedural Posture
Civil Proceeding Strike Out Application / Costs Application Following Strike Out Order
Legal Issues
- 1 Whether the proceeding constituted an abuse of process warranting strike out
- 2 Whether the respondent should be awarded costs and disbursements and on what scale
- 3 Whether any public interest justified departure from usual costs outcome
Ratio Decidendi
The proceeding was a quintessential abuse of process consisting of a repackaged claim previously struck out; accordingly the respondent succeeded and was entitled to costs on the usual 1B scale together with disbursements.
Court Disposition
Proceeding struck out; costs awarded to respondent on 1B basis with disbursements.
Orders
- Costs awarded to the Registrar of the Supreme Court on a 1B basis together with disbursements, totalling $5,602.
Full Case Text
Judgment text and source record
1 paragraphs
SIEMER v REGISTRAR OF THE SUPREME COURT [2021] NZHC 1951 [30 July 2021]IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYI TE KŌTI MATUA O AOTEAROATE WHANGANUI-A-TARA ROHECIV-2021-485-125[2021] NZHC 1951BETWEEN VINCENT ROSS SIEMERApplicantAND REGISTRAR OF THE SUPREME COURTRespondentHearing: On the papersCounsel: Applicant in PersonG M Taylor and R M McMenamin for RespondentJudgment: 30 July 2021JUDGMENT OF ISAC J(COSTS)Introduction[1] In a judgment of 1 July 2021 I struck out this proceeding under r 15.1 of theHigh Court Rules 2016 on the basis it constituted an abuse of process.1 I Invitedmemoranda as to costs from the respondent within 10 working days and fromMr Siemer within 10 working days thereafter.2[2] The respondent filed a memorandum on 9 July 2021 seeking costs anddisbursements on a 1B basis.[3] A reminder email was sent by the Registrar to Mr Siemer, but no memorandumhas been received from him.1 Siemer v Registrar of the Supreme Court [2021] NZHC 1604.2 At [36]–[37].Discussion[4] All matters relating to costs are discretionary.3 The discretion must beexercised on a principled basis. And the determination of costs, so far as possible,should be both predictable and expeditious.4[5] I see no reason to depart from the usual course that the party who fails withrespect to a proceeding or an interlocutory application should pay costs to the partywho succeeds.5[6] The proceeding clearly lacked merit. I found that it was a quintessential abuseof process, as Mr Siemer had simply re-packaged and re-filed a claim in the WellingtonRegistry that had been struck out by the High Court in Auckland.6 There was equallyno public interest element to the proceeding.Result[7] Costs are awarded to the respondent on a 1B basis together with disbursements,totalling $5,602.Isac JSolicitors:Crown Law Office, Wellington for Respondent3 High Court Rules, r 14.1.4 Rule 14.2(1)(g).5 Rule 14.2(1)(a).6 Siemer v Registrar of the Supreme Court, above n 1, at [22]–[23].