Canterbury Medical Officer of Health v Bond Markets Limited [2018] NZHC 1840 (25 July 2018)

Last Updated: 6 August 2018

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2017-409-000773 [2018] NZHC 1840

BETWEEN	CANTERBURY MEDICAL OFFICER OF HEALTH Appellant
AND	BOND MARKETS LIMITED Respondent

Hearing:	Determined on the Papers
Counsel:	C Browne for Appellant I J Thain and I E Scorgie for Responodent
Judgment:	25 July 2018

JUDGMENT OF GENDALL J

(As to Costs)

[1] On 21 March 2018, I issued my judgment in this proceeding dismissing the appeal by the appellant, the Canterbury Medical Officer of Health, against a decision of the Alcohol Regulatory and Licensing Authority relating to premises known as New World Bishopdale operated by the respondent. In doing so I reserved the issue of costs and directed that counsel file and serve submissions on costs in the event they were unable to agree on the question.

[2] Counsel have now filed a joint memorandum on costs dated 19 July 2018 which indicates they have reached agreement on costs.

[3] Counsel advise they now jointly seek orders as to costs as between the Canterbury Medical Officer of Health and Bond Markets Ltd.

CANTERBURY MEDICAL OFFICER OF HEALTH v BOND MARKETS LIMITED [2018] NZHC 1840 [25

July 2018]

[4] Counsel for the Licensing Inspectors have filed a memorandum dated 9 April 2018 in which they confirm the Inspectors do not seek costs orders here. This is on the basis that they are not liable for any other party’s costs. No issue is taken on this by the other parties. This is noted and confirmed.

[5] So far as costs between the Canterbury Medical Officer of Health and Bond Markets Ltd are concerned, however, by consent an order is now made that the Canterbury Medical Officer of Health is to pay to Bond Markets Ltd costs on this proceeding amounting to $17,840 together with disbursements amounting to
$1833.79.






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

Gendall J

Solicitors:

Wilson Harle, Auckland DLA Piper, Auckland