12 May 2023
Given the appellant's implausible explanation in light of his procedural history, his conduct which had previously caused delay and abuse of process, and the prejudice and further delay an extension would cause, the interests of justice did not warrant granting an extension under r 43(2).
30 Nov 2022
The appeal was dismissed because the appellant failed to comply with a procedural direction to file written submissions, the Court complied with s 338 by giving 10 working days' notice and making reasonable attempts at service, and the appeal lacked an arguable prospect of success on its nominated grounds, so dismissal under s 338 was an appropriate exercise of discretion.
20 Dec 2021
The Court declined to award any Band C time allowances because the appeal did not involve the exceptional complexity, urgency or document volume justifying Band C; instead the appellant's conduct (scattergun grounds, pursuing numerous unmeritorious arguments, procedural non-compliance, re-filing documents without leave, late challenges to security for costs and late evidence) unduly increased respondent's costs and justified an uplift. The appropriate award is Band 2B scale costs with a 50% uplift and a modest 0.25 day allowance for assisting the self-represented appellant, resulting in an or…
29 Jun 2021
Because the appellant's appeal lacked merit and he pursued unnecessary steps contrary to court directions, the respondent was entitled to costs: $478 for the withdrawn stay application and $16,013 on a 2B basis for the appeal, increased by 40% under r 14.6 to $22,418.20, producing a total costs award of $22,896.20 to the respondent.
22 Mar 2021
Costs were awarded to the defendants on a 2B basis for steps up to and including 1 December 2020 (step 33B) including court filing fee disbursements and subject to apportionment of expert witness attendance fees with leave to file further evidence on that quantum; however the Court was not satisfied that exceptional circumstances under Legal Services Act 2011 s45(2) existed to justify ordering costs against the plaintiff for steps and the hearing after the grant of legal aid on 1 December 2020, and accordingly made no order for post‑grant costs though second counsel was certified.
18 Feb 2021
The Court granted the extension because the appellant's non-compliance was a genuine misunderstanding promptly remedied by an interlocutory application, the respondents did not identify any incremental prejudice caused by that procedural delay, and the appeal was not so clearly hopeless as to warrant refusal of an extension; accordingly time to file the case on appeal was extended to 19 March 2021 and no costs were ordered.
24 Oct 2019
The application for leave was dismissed because the applicant failed to attend the scheduled hearing and did not provide any explanation despite repeated adjournments and an out‑of‑time filing; given the long history of adjournments, the sentence already served, and absence of any explanation, dismissal of the leave application was the appropriate exercise of the Court's discretion.
21 Feb 2019
The leave application was dismissed because it was moot following guilty pleas and sentence, was without merit, and the applicant failed to comply with procedural directions thereby satisfying the criteria in s338 Criminal Procedure Act 2011 for dismissal after notice.
17 Feb 2015
Applied the general rule that costs follow the event; plaintiffs entitled to scale category 2B ($37,611); the defendant's procedural non‑compliance, pursuit of an unmeritorious argument, refusal to accept settlement on notice and late filing of evidence justified a 20% uplift under r 14.6(3)(b) and Holdfast, and the claimed disbursements and witness fees were reasonable, resulting in a total award of $51,488.
11 Feb 2015
Costs awarded because the appeal was wholly unsuccessful and lacked real prospect of success, the appellant caused delays and failed to comply with timetable orders and to file submissions in time, and the respondent (though on repayable legal aid) incurred additional costs, including those arising from the appellant's self-representation; quantum fixed at $7,064.91 inclusive of GST and disbursements.