3 Sept 2021
GALLO v SULTAN [2021] NZHC 2310
- Citation
- [2021] NZHC 2310
- Court
- High Court
An application for legal aid does not confer the immunity in s 45 of the Legal Services Act 2011; immunity arises only on a grant and is not retrospective. Because no grant had been made the respondent was not an 'aided person' and s 45 did not preclude a costs order. The applicant, being wholly successful and having incurred avoidable costs due to the respondent's failure to respond and late withdrawal, was entitled to costs. Costs were fixed on a District Court category 2B scale with a 10% uplift for steps after 23 July 2021; applicant to file a memorandum for approval of amounts.