Butler v Massey University Albany [2015] NZHC 2638 (27 October 2015)

Last Updated: 26 November 2015

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-000345 [2015] NZHC 2638

UNDER	the Judicature Act 1908
IN THE MATTER	of the New Zealand Bill of Rights Act 1990
BETWEEN	JESSE WAIARIKI TEMANAVA BUTLER Plaintiff
AND	MASSEY UNIVERSITY ALBANY First Defendant NORTH SHORE POLICE Second Defendant

Hearing:	On the papers
Judgment:	27 October 2015

JUDGMENT OF ASHER J (Costs)

This judgment was delivered by me on Tuesday, 27 October 2015 at 4 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Crown Law, Wellington.

Copy to: Plaintiff

BUTLER v MASSEY UNIVERSITY ALBANY [2015] NZHC 2638 [27 October 2015]

[1] On 22 September 2015 I issued a judgment dismissing the claim of the second defendant on its merits. I reserved the question of costs.¹

[2] The second defendant now seeks scale costs. It has filed submissions. Mr Butler has not filed any submissions in response in the time available. The general principle is that a successful party is entitled to costs.²

[3] There is no reason to depart from this general principle. I found that the

claim was not made out by a “very wide margin”.³

[4] I have a memorandum as to costs filed by the second defendant. Costs and disbursements total $11,101.24. These are calculated on a category 1 basis and all steps, but the pre-trial conference, have been claimed under band A. No costs have been claimed for the second defendant’s stay application, which was not formally determined.

[5] I am satisfied that the costs sought are reasonable.

[6] I order that the plaintiff is to pay the second defendant’s costs and

disbursement as set out in the schedule attached to the submission of 6 October

2015.

...................................

_{Asher J}

¹ _{Butler v Massey University Albany [2015] NZHC 2287.}

² _{High Court Rules, r 14.2(a).}

³ Butler v Massey University Albany, above n 1, at [25].