Registrar of the Real Estate Agents Authority v A [2018] NZHC 1934 (31 July 2018)

Last Updated: 27 August 2018

NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF RESPONDENT PROHIBITED BY S 201 OF THE CRIMINAL PROCEDURE ACT 2011. SEE http://www.legislation.govt.nz/act/public/2011/0081/latest/DLM3360347.html

ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF REAL ESTATE AGENCY EMPLOYING RESPONDENT PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011. SEE http://www.legislation.govt.nz/act/public/2011/0081/latest/DLM3360349.html

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2017-412-000032 [2018] NZHC 1934

BETWEEN	REGISTRAR OF THE REAL ESTATE AGENTS AUTHORITY Appellant
AND	A Respondent

Hearing:	On the papers
Counsel:	M Hodge for the Appellant C S Withnall QC and M Ryan for the Respondent
Judgment:	31 July 2018

JUDGMENT OF NATION J AS TO COSTS

[1] In a judgment of 28 November 2017, the appellant was successful in appealing a decision of the Real Estate Agents Disciplinary Tribunal which had renewed the respondent’s salesperson’s licence.¹

¹ Real Estate Agents Authority v A [2017] NZHC 2929.

REAL ESTATE AGENTS AUTHORITY v A [2018] NZHC 1934 [31 July 2018]

[2] In my judgment, I directed that, if no agreement was reached over costs, a memorandum for the appellant was to be filed by 13 December 2017 and a response for the respondent by 22 December 2017.

[3] I subsequently extended the time for the respondent’s memorandum to be filed to 12 February 2018.

[4] In my minute of 1 February 2018, I indicated that, if no memorandum was filed for the respondent, I would determine costs on the basis of the appellant’s memorandum which was filed on 13 December 2017.

[5] The appellant sought costs on a 2B basis. On that basis, the costs would have been $14,495. The appellant however indicated that its actual costs amounted to only
$13,950. The appellant sought reimbursement for those costs, together with disbursements of $1,230, comprising:

(i) filing fee of $540 for commencing the appeal;

(ii) the scheduling fee of $640; and

(iii) filing fee for sealing the costs order of $50.

[6] The appellant sought an award of costs and disbursements in the sum of
$15,180.

[7] I am satisfied such order is appropriate. I now make an order that the respondent pay the appellant $15,180 for costs and disbursements in these proceedings.

Solicitors:

Meredith Connell, Auckland

C S Withnall QC, Barrister, Dunedin.