Colman v Attorney-General [2012] NZHC 1670 (12 July 2012)

Last Updated: 24 July 2012

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV-2011-488-723

CIV-2011-488-724

CIV-2011-488-726
CIV-2011-488-727 [2012] NZHC 1670

BETWEEN JOHN COLMAN Appellant

AND THE ATTORNEY-GENERAL Respondent

Hearing: By memoranda

Counsel: Appellant in person

J Catran for Respondent

Judgment: 12 July 2012

JUDGMENT OF LANG J [on costs]

This judgment was delivered by me on 12 July 2012 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

_{Date...............}

JOHN COLMAN V THE ATTORNEY-GENERAL HC WHA CIV-2011-488-723 [12 July 2012]

[1] On 14 June 2012, I dismissed seven appeals filed by Mr Colman against orders made by Judge de Ridder striking out proceedings in the District Court.[1] I allowed one appeal, in CIV-2011-088-195, and reserved the issue of costs.

[2] The parties have been unable to reach agreement regarding that issue. For that reason I am now required to determine it.

[3] The general principle is that the unsuccessful party should be required to contribute to the costs of the successful party.[2] The Attorney-General was clearly the successful party in this case, because he succeeded in respect of seven of the eight appeals. For that reason I am satisfied Mr Colman should be required to contribute to the Attorney-General’s costs.

[4] Costs on a Category 2B basis amount to $2,632.00. The Attorney-General has also incurred disbursements totalling $1,418.89, although I note that a GST component has been added to these and I am not sure whether that is appropriate.

[5] I propose to make an allowance for the fact that Mr Colman succeeded in relation to one appeal. I propose to do this by reducing the award of costs in favour of the Attorney-General by 15 per cent.

[6] The Attorney-General is accordingly entitled to costs as claimed in his counsel’s memorandum dated 4 July 2012 less 15 per cent. Counsel for the Attorney-General is also to provide the Registrar with supporting receipts to confirm

_{the expenditure on disbursements.}

Lang J

Solicitors:

Crown Law, Wellington

Copy to: Appellant

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[1] _{Colman v The Attorney-General [2012] NZHC 1343 HC Whangarei CIV-2011-488-723, 14 June 2012.}

[2] High Court Rules, r 14.2(a).