Banks v Ports of Auckland Limited [2015] NZCA 150 (5 May 2015)

Last Updated: 19 May 2015

IN THE COURT OF APPEAL OF NEW ZEALAND
CA225/2015 [2015] NZCA 150
BETWEEN	CAROLE CHRISTINE BANKS Appellant
AND	PORTS OF AUCKLAND LIMITED Respondent

Counsel:	A R Longdill for Appellant J A Farmer QC and M R Crotty for Respondent
Judgment:	5 May 2015 at 10.30 am

JUDGMENT OF MILLER J
(On Review of Registrar’s Decision)

Security for costs is waived.
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REASONS

[1] The appellant has sought a review of the Registrar’s decision to refuse to waive security for costs on this appeal.
[2] I am satisfied that the application should be granted. I will state my reasons shortly. First, the appeal relates to proposals by the respondent to extend the Bledisloe wharf into the Waitemata Harbour. In the broadest sense it can be described as genuine public interest litigation, relating to the stewardship and governance of public assets and the impact of the extension on the harbour and its users.
[3] Second, this is not a case in which the respondent needs the protection of security. It contends that the appellant has the means to pay costs.
[4] Third, it cannot be said that the appeal is without merit. I differ from the Registrar on this point. The merits are difficult to assess. It is true that there appear to have been good practical reasons to deny interim relief, and the respondent has very recently offered a compromise which its shareholder, the Auckland Council, has accepted. But it still proposes to proceed with part of the work (known as the B2 extension). It appears that work is under way. Further, the substantive merits are relevant too, and the judgment under appeal does not engage them. It must be assumed, for present purposes, that the appeal has some merit.
[5] For these reasons security for costs is waived. The appellant should not take this as an indication that she will escape costs, should the appeal fail.

Solicitors:
Cook Morris Quinn, Auckland for Appellant
Russell McVeagh, Auckland for Respondent