Cheng v Chief Executive, Department of Corrections [2023] NZCA 23 (20 February 2023)

Last Updated: 27 February 2023

IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA

CA665/2021 [2023] NZCA 23

	BETWEEN	THOMAS CHENG Appellant
	AND	CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS First Respondent PRISON DIRECTOR, AUCKLAND SOUTH CORRECTIONS FACILITY (SERCO)

Court:	Miller and Clifford JJ
Counsel:	Appellant in person S M Kinsler and H T Reid for First Respondent J K Scragg and E M Greig for Second Respondent
Judgment: (On the papers)	20 February 2023 at 10 am

JUDGMENT OF THE COURT AS TO COSTS

The appellant must pay the second respondent costs.
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REASONS OF THE COURT

(Given by Clifford J)

[1] On 1 December 2022 this Court granted the second respondent’s application to strike out an appeal filed by Mr Cheng on the basis he had failed to pay security for costs. In its application for strike out, the second respondent sought costs. The question of costs was not addressed by this Court when it struck out the appeal.

[2] We now do so.

[3] As the successful applicant, we consider the rules entitle the second respondent to costs. Costs are awarded in the amount of $2,390 together with disbursements of $400, in terms of the schedule of costs and disbursements which accompany the second respondent’s submissions of 14 October 2022.

Solicitors:
Meredith Connell, Wellington for First Respondent
Duncan Cotterill, Wellington for Second Respondent