New Zealand Case Law

6 Mar 2023

CHEN v AUCKLAND COUNCIL - Costs [2023] NZHC 404

Citation

[2023] NZHC 404

Court

High Court

Because the parties settled by mutual agreement and the Council's subsequent statutory approach did not establish who had 'failed' or 'succeeded' on the substantive judicial review burden, the court could not award costs to the plaintiff; accordingly each party must bear their own costs and disbursements.

• Stormwater connection classification (public v private)
• Statutory interpretation of lga 1974 s 460 and lga 2002 s 181
• Rma notification obligations
• Ultra vires and reasonableness of engineering approvals
• Effect of settlement on costs entitlement
• Costs on discontinuance