Commissioner of Police v Tsai [2012] NZHC 2843 (30 October 2012)

Last Updated: 5 November 2012

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2010-404-006707 [2012] NZHC 2843

BETWEEN COMMISSIONER OF POLICE Applicant

AND KUO LIANG (LEON) TSAI Respondent

Appearances: On the papers

Judgment: 30 October 2012

_{COSTS JUDGMENT OF GILBERT J}

This judgment was delivered by me on 30 October 2012 at 10.00 am

Pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

Date:..................

Counsel: M Harborow, Auckland: [e-mail]

_{V Withy, Auckland: [e-mail]}

POLICE V TSAI HC AK CIV 2010-404-006707 [30 October 2012]

[1] In a judgment delivered on 31 August 2012, I made an asset forfeiture order in respect of $60,040 in cash. I directed that any application for costs should be made by memorandum within 14 days of the judgment with any response to be filed and served within 14 days thereafter. The Commissioner filed a memorandum on

7 September 2012 seeking costs. The respondent has not filed any memorandum in

response. The Commissioner’s application for costs is therefore not opposed.

[2] The Commissioner has calculated that costs on a 2B basis for the application for forfeiture orders amounts to $8,358. The Commissioner seeks an uplift on scale costs to $10,000 because the respondent failed to accept a settlement proposal in October 2011, before the application for forfeiture orders was filed on

24 January 2012. The Commissioner offered to settle the matter on the basis that

$8,000 would be returned to the respondent. This was a reasonable offer. Had it been accepted, the Commissioner would have been saved all of the costs of pursuing the forfeiture application. An increased costs award is appropriate having regard to the respondent’s rejection of this offer without reasonable justification. The uplift sought by the Commissioner is reasonable.

[3] Accordingly, I order that the respondent is to pay costs to the applicant on the application in the sum of $10,000.

M A Gilbert J