New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Costs and public interest litigation

Legal area

Court

21 May 2019

BROOK VALLEY COMMUNITY GROUP INCORPORATED v BROOK WAIMARAMA SANCTUARY TRUST [2019] NZSC 51

Citation

[2019] NZSC 51
Court

Supreme Court

Leave to appeal was refused because the issues were fact-specific with limited prospects of success, the regulation-making challenge lacked a sufficient factual foundation to demonstrate a miscarriage of justice, the aerial drop had already occurred so further appeal would have little practical effect, and the costs discount decision was fact-specific and did not warrant further appeal.
10 Oct 2016

NEW ZEALAND AIRLINE PILOTSʼ ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED v DIRECTOR OF CIVIL AVIATION [2016] NZHC 2409

Citation

(2016) 23 PRNZ 276
Court

High Court

The court exercised discretion under r14.7(e) to reduce costs: the declaratory claim on the meaning of "practicable" was properly brought in the public interest and NZALPA acted reasonably, but the judicial review component was not public interest and remained liable for costs; accordingly each respondent awarded half their 2B costs claims and the expert witness disbursement for the second respondent was disallowed as it related to the public-interest component.