7 Jun 2023
On an overall assessment of justice the second respondent must bear some of the applicant's costs, but the conduct did not justify indemnity or increased costs; accordingly costs awarded to the applicant against the second respondent on a 2B basis; counsel assisting is not liable for costs and their fees have been met by the Ministry of Justice.
15 Jun 2022
Applying the Earthquake Commission factors and the facts of this case the court concluded that, notwithstanding the assistance of counsel assisting and the breadth of the applicant's arguments, the appropriate order is that the costs of counsel assisting be met by the public purse; no costs were ordered against the applicant.
14 Dec 2017
Loss or damage under s119 must be assessed at the time of disclaimer; The Fish Man suffered no loss at that time because the property had no equity and beneficial ownership vested in the Crown on disclaimer; The Fish Man cannot establish a proprietary interest in the property by tracing, backward tracing or equitable lien because misappropriated company funds were not used to acquire the property and no sufficient transactional coordination existed; Mrs Hadfield, by contrast, suffered loss as a relationship partner and had paid mortgage installments preventing foreclosure and is entitled to h…
27 Jun 2016
The Court held the warrantless search was lawful under s28 Search and Surveillance Act 2012 because cumulative factors including time, gang associations, false identity, agitation and the appellant wearing a stab/bulletproof vest gave reasonable grounds to suspect weapons were in the vehicle; the search was also reasonable in execution given public safety risks and minimal intrusion; the subsequent warrant and search were valid and the evidence is admissible at trial; no unredacted disclosure or counsel assisting was required.
26 Aug 2013
Under s99A the Court exercised its discretion and, having found the judicial review application lacked merit and noting that counsel assisting performed a valuable role and the landlords had engaged counsel at judicial review stage, it was just to award costs; the applicants were ordered to pay $2,000 to the Ministry of Justice.