26 Jun 2023
Despite the appeal being finely balanced and of public importance, the Court declined to treat it differently from other Supreme Court appeals and ordered standard costs of $25,000 plus usual disbursements to the successful respondent.
19 Nov 2021
The Court exercised its discretion to award costs to the successful respondents for a complex appeal on a Band B basis with an allowance for a second counsel and usual disbursements, and refused to award indemnity costs because the case did not justify such an award.
21 Oct 2015
The Court refused to revisit the costs award because the issue had been argued and determined; it granted a limited stay of enforcement of the costs award (only in relation to the costs awarded by this Court) pending the Supreme Court leave process on the basis that the Council did not oppose a limited stay, with terms that the stay continues only until the Supreme Court decides the leave application if leave is declined, and if leave is granted the stay continues until the Supreme Court decides the substantive appeal.
30 Jun 2015
The reviewer properly exercised his discretion in declining costs for the two reviews because the reviews were not reasonably brought and had no reasonable prospect of success; the appellant failed to substantiate the claimed solicitor fees for the appeals (no invoices or evidence of work at the claimed rate) and no exceptional circumstances existed to warrant an award beyond the usual scale, therefore $1,500 is an appropriate contribution to costs for appeals AI 183/06, AI 153/07 and AI 154/07 and no costs are payable for AI 326/07 to the extent it challenges the reviewer's refusal to award…
21 May 2015
The Court declined to certify for second counsel because the appeal was relatively simple, turned essentially on facts and did not occupy significant hearing time; accordingly the appellants were ordered to pay the respondent's agreed costs and disbursements on a standard appeal band A basis without allowance for second counsel.
11 Feb 2015
Costs awarded because the appeal was wholly unsuccessful and lacked real prospect of success, the appellant caused delays and failed to comply with timetable orders and to file submissions in time, and the respondent (though on repayable legal aid) incurred additional costs, including those arising from the appellant's self-representation; quantum fixed at $7,064.91 inclusive of GST and disbursements.
5 Mar 2008
The court awarded costs to the second respondent on a 2C basis, applying r 47(b) to adjust claimed time to a total of 2.8 days and adopting the scale rate of $1,600 per day, resulting in $4,480 awarded plus disbursements to be fixed by the Registrar.
19 May 2004
No order as to costs of the appeal; respondents entitled to a single joint order for costs of $3000 plus disbursements against the appellants in respect of the unsuccessful application for leave to appeal; the purported grant of legal aid to Mrs Challis immunised her from an award of costs of the appeal, and no legal aid was granted in respect of the leave application so the appellants bore liability for those costs.