29 Aug 2023
DELIU v ATTORNEY-GENERAL [2023] NZHC 2375
- Citation
- [2023] NZHC 2375
- Court
- High Court
The applicant's claims were legally untenable and factually weak, constituting a collateral attack and wilful disregard of established law on prosecutorial discretion; he pursued arguments that lacked merit and made unwarranted allegations of fraud, thereby unreasonably increasing the time and expense of the proceeding, so an uplift under r 14.6(3) of 50% on 2B scale costs is justified and awarded.
- Prosecutorial discretion
- Costs (increased and indemnity)
- Allegations of mala fides/bad faith
- Legitimate expectation
- Declaratory relief