New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Resource consent surrender

Legal area

Court

1 May 2012

PETONE PLANNING ACTION GROUP INC v HUTT CITY COUNCIL HC WN CIV-2011-485-1984

Citation

openlaw-bd32cc07_8459_4ac3_8760_45c3756050d2.pdf
Court

High Court

The court exercised its discretion to depart from the normal rule on discontinuance and awarded the plaintiff 75% of scale 2B costs (NZD 5,809.05), to be paid by the defendants with two thirds to be paid by Hutt City Council and one third by Jackson Street Retail Limited.
19 Mar 2008

FRIENDS OF WRIGHT STREET INCORPORATED V WELLINGTON CITY COUNCIL AND ANOR HC WN CIV-2007-485-1880

Citation

openlaw-5b250648_a84f_4063_acba_c8a0659f2853.pdf
Court

High Court

The applicant succeeded against the Second Respondent because the consent was surrendered; costs were properly awarded against the Second Respondent on a Category 2B basis in the sum of $13,920 and the Court filing fee of $400 was allowed as disbursement; no costs were ordered against Wellington City Council because its decisions were not found unlawful and it did not concede error; claimed expert witness disbursements require oral argument to determine reasonableness and recoverability.