New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Legal aid immunity

  • 14 Nov 2022

    STILLS v McCORMACK [2023] NZHC 3200

    Citation
    [2023] NZHC 3200
    Court
    High Court

    Section 45(2) of the Legal Services Act 2011 does not confer immunity from costs for steps taken prior to the grant of legal aid where the grant does not purport to cover those steps; legal aid immunity attaches only to the costs to which the grant applies. Because the applicant was not an aided person for the period prior to 22 May 2023 and his grant did not cover prior steps, the respondents were entitled to their costs for steps prior to 17 May 2023; an uplift of 20% on 2B scale costs was justified due to unnecessary, irrelevant and unmeritorious allegations and interlocutory steps pursued…

  • 1 Jul 2020

    BROWN v AKULININ - Costs [2020] NZHC 1519

    Citation
    [2020] NZHC 1519
    Court
    High Court

    Because the respondent was a legally aided person and there were no exceptional circumstances (no evidence of conduct or means to justify overriding immunity), no costs order was made against him; however the court declared that but for the immunity it would have ordered 2B costs of $14,430 and disbursements of $598.10 in favour of the appellant.

  • 21 Apr 2020

    B v A [2020] NZHC 765

    Citation
    (2020) 25 PRNZ 566
    Court
    High Court

    Where a court has already made a costs order prior to a grant of legal aid the aided‑person immunity under s 45(2) does not operate retrospectively to nullify that order; here the court had determined liability for costs before Mr A became an aided person and, alternatively, even if s 45 could apply, exceptional circumstances were established, so costs of $6,094.50 were awarded to Mrs B on a 2B basis.

  • 19 May 2004

    RICHARD QUENTIN CHALLIS AND WENDY ANN CHALLIS V DESTINATION MARLBOROUGH TRUST BOARD And Anor CA CA37/03

    Citation
    openlaw-e760edaa_969e_4751_a6b8_dceb8bb1930d.pdf
    Court
    Court of Appeal

    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.