W (CA661/2018) v THE DISTRICT COURT AT WELLINGTON [2018] NZCA 548
The Court allowed the appeal and exercised its discretion to award costs to the appellant for a standard appeal on a band A basis with usual disbursements and certified for second counsel; High Court costs to be fixed in that Court.
Source-derived case information.
- Citation
- [2018] NZCA 548
- Parties
- Appellant: W (CA661/2018); First Respondent: The District Court at Wellington; Second Respondent: Commissioner of Police
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 29 November 2018
- Procedural Posture
- Appeal From District Court / Decision at Court of Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Anonymity/publication Prohibition, Costs Orders, Second Counsel Certificate
Source-derived case record
Summary, issues, holding and outcome
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Parties
W (CA661/2018)
Appellant
The District Court at Wellington
First Respondent
Commissioner of Police
Second Respondent
Procedural Posture
Appeal From District Court / Decision at Court of Appeal
Legal Issues
- 1 Whether the appeal should be allowed
- 2 Whether the appellant is entitled to costs and on what basis
- 3 Whether existing publication prohibition remains in force
Ratio Decidendi
The Court allowed the appeal and exercised its discretion to award costs to the appellant for a standard appeal on a band A basis with usual disbursements and certified for second counsel; High Court costs to be fixed in that Court.
Court Disposition
Appeal allowed
Orders
- Appeal allowed
- Respondent to pay appellant costs for a standard appeal on a band A basis together with usual disbursements
Full Case Text
Judgment text and source record
1 paragraphs
W (CA661/2018) v THE DISTRICT COURT AT WELLINGTON [2018] NZCA 548 [29 November 2018]NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OFAPPELLANT'S NAME OR IDENTIFYING PARTICULARS REMAINS INFORCE.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA661/2018[2018] NZCA 548BETWEEN W (CA661/2018)AppellantAND THE DISTRICT COURT ATWELLINGTONFirst RespondentAND COMMISSIONER OF POLICESecond RespondentHearing: 29 November 2018Court: Kós P, Miller and Asher JJCounsel: D A Ewen and J S McHerron for AppellantNo appearance for First Respondent (abides outcome)A M Powell and J B Watson for Second RespondentJudgment: 29 November 2018 at 9.38 amJUDGMENT OF THE COURTA The appeal is allowed.B The respondent is to pay the appellant costs for a standard appeal on aband A basis, together with usual disbursements. We certify for secondcounsel. Costs in the High Court are to be fixed in that Court.____________________________________________________________________[Reasons to follow]Solicitors:Crown Law Office, Wellington for Second Respondent