PHILIP RUSSELL KING v TV3 NETWORK SERVICES LIMITED [2003] NZCA 296 (15 December 2003)

IN THE COURT OF APPEAL OF NEW ZEALAND

CA221/02

BETWEEN PHILIP RUSSELL KING

Appellant

AND TV3 NETWORK SERVICES LIMITED

First Respondent

AND TOP SHELF PRODUCTIONS LIMITED

Second Respondent

Written submissions:

Judgment: 15 December 2003

JUDGMENT OF THE COURT (AS TO COSTS) DELIVERED BY TIPPING J

[1] The first respondent has applied for costs against the unsuccessful appellant despite his having been legally aided.We have considered the submissions filed on each side.We are of the view that there are exceptional circumstances warranting an order against the appellant personally.We do, however, consider that the amount of such order should be tempered because a significant part of the hearing was focused on the negligence issue upon which Mr King had succeeded in the High Court.He was entitled to seek to uphold the ruling in his favour made in that Court.

[2] For these reasons we order that the appellant pay the first respondent for its costs of and incidental to the appeal the sum of $2,500 all in.

Solicitors:

Thomas Dewar Sziranyi Druce, Lower Hutt for Appellant

Grove Darlow & Partners, Auckland for First Respondent