SIEMER v LEGAL COMPLAINTS REVIEW OFFICER [2022] NZHC 2943

SIEMER v LEGAL COMPLAINTS REVIEW OFFICER [2022] NZHC 2943

Because attempts to resolve payment without sealing failed and the respondent's delay necessitated sealing to enable enforcement, the Court found it appropriate to award the additional $528 for sealing costs, increasing the applicant's total costs award to $6,852.

Source-derived case information.

Citation
[2022] NZHC 2943
Parties
Applicant: Vincent Siemer; First Respondent: Legal Complaints Review Officer; Second Respondent: Clayton Luke; Third Respondent: Jane Siemer
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 November 2022
Procedural Posture
Civil (judicial Review) / Settling Costs Judgment
Outcome
Application for additional costs for sealing granted; total costs awarded to applicant increased to $6,852.
Legal Topics
Sealing of Judgment, Costs for Sealing, Enforcement Via Bankruptcy, Costs Assessment
Civil Procedure Costs Law Enforcement of Judgments Sealing of Judgment Costs for Sealing Enforcement Via Bankruptcy Costs Assessment

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Parties

Vincent Siemer

Applicant

Legal Complaints Review Officer

First Respondent

Clayton Luke

Second Respondent

Jane Siemer

Third Respondent

Procedural Posture

Civil (judicial Review) / Settling Costs Judgment

Legal Issues

  1. 1 Whether applicant is entitled to recover costs of sealing the judgment
  2. 2 Whether sealing costs are recoverable where respondent delayed payment and sealing was required for enforcement
  3. 3 Appropriate quantum of additional costs requested

Ratio Decidendi

Because attempts to resolve payment without sealing failed and the respondent's delay necessitated sealing to enable enforcement, the Court found it appropriate to award the additional $528 for sealing costs, increasing the applicant's total costs award to $6,852.

Court Disposition

Application for additional costs for sealing granted; total costs awarded to applicant increased to $6,852.

Orders

  • Additional costs of $528 for sealing awarded to the applicant
  • Total costs awarded to the applicant are $6,852