New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Costs in habeas corpus proceedings
  • 27 Sept 2006

    PALMER V THE SUPERINTENDENT OF AUCKLAND PRISON HC AK CIV 2006-404-002065

    Citation
    openlaw-e9dd6a07_8864_4b6b_9c8e_5648cac4460e.pdf
    Court
    High Court

    Court exercised its discretion under s 14(4) to award limited costs to the applicant because he was effectively successful and released, the Crown acted properly, a pro forma civil filing was required by an interim order, and the proceedings were civil in nature despite administrative handling in criminal lists; costs were therefore awarded on a limited basis reflecting category 2 civil proceedings and the actual appearances.

    • Preventive detention
    • Release from custody
    • Costs in habeas corpus proceedings
    • Jurisdictional basis for detention