Baigent v Tasman District Council

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2019-442-24

[2019] NZHC 2551

UNDER the Resource Management Act 1991

IN THE MATTER OF

an appeal under section 299 of the Act

against a final decision of the Environment Court issued 27 March 2019

BETWEEN

GARY BAIGENT

Appellant

AND

TASMAN DISTRICT COUNCIL

Respondent

On papers

Judgment:

8 October 2019

JUDGMENT OF DOBSON J

[Costs]

[1] In my judgment dated 24 July 2019 dismissing this appeal, I invited the parties to agree costs.1

[2] By memorandum dated 31 July 2019, counsel for the respondent advised the Court that he had endeavoured to reach agreement with the appellant regarding the quantum of costs. A copy of the respondent’s proposed claim for costs was sent to counsel for the appellant on 24 July 2019, but no response had been received.

1 Baigent v Tasman District Council [2019] NZHC 1750 at [42].

BAIGENT v TASMAN DISTRICT COUNCIL [2019] NZHC 2551 [8 October 2019]

[3] In a memorandum dated 15 August 2019, Mr Bennion, counsel for the appellant, informed the Court that he had been unable to obtain instructions and did not anticipate getting any for at least another two weeks.

[4] Accordingly, on 23 August 2019 I extended the time for filing a memorandum in opposition to the respondent’s claim for costs until 6 September 2019.

[5] As no response was received, I issued a further minute on 27 September 2019 advising that I would proceed to settle costs in accordance with the respondent’s memorandum unless a memorandum on behalf of the appellant was received by
5.00 pm on 30 September 2019.

[6]As no memorandum from the appellant has been filed, I will now settle costs.

[7] The parties had previously agreed that the matter was appropriately categorised as 2B. The costs sought by the respondent comply with the High Court Rules 2016 and the disbursements appear to be reasonable.

[8] Accordingly, costs and disbursements in the amount of $11,285.67, as set out in the attached schedule, are awarded in favour of the respondent.

Dobson J

Solicitors:
Bennion Law, Wellington for appellant
Tasman Law Limited, Nelson for respondent

Schedule of Costs and Disbursements

Step Description Category Days Rate Total

53 Commencement of response to appeal 2B 0.50 $2,230 $1,115.00

10
Preparation for first case

management conference
2B 0.40 $2,230 892.00

11 Filing memorandum for first case management conference 2B 0.40 $2,230 892.00

56
Preparation of written

submissions
2B 3.00 $2,230 6,690.00

57 Appearance at hearing 2B 0.50 $2,230 1,115.00

Total costs $10,704.00

Disbursements

Courier fees $ 10.00

Accommodation 224.63

Airfare 206.84

Taxi 95.20

Parking 21.00

Meals 24.00

Total disbursements $581.67

Total costs and disbursements $11,285.67

CaseChat Overview and Summary

In the High Court of New Zealand, the case of Baigent v Tasman District Council was heard in the Nelson Registry. The appellant, Gary Baigent, appealed a decision made by the Environment Court, which was issued on 27 March 2019, under the Resource Management Act 1991. The respondent, Tasman District Council, was the party against whom the appeal was lodged. The primary focus of the appeal was on the costs associated with the proceedings, particularly the costs incurred by the respondent in defending the appeal.

The court was tasked with determining the appropriate costs to be awarded to the respondent, Tasman District Council, following the dismissal of the appeal. This involved reviewing the submissions made by both parties regarding the quantum of costs, assessing the reasonableness of the costs claimed, and ensuring compliance with the High Court Rules 2016. The court also had to consider the submissions made by both parties and ensure that the costs awarded were fair and reasonable.

Dobson J, who presided over the case, found that the costs sought by the respondent were reasonable and in line with the agreed categorisation of the matter as 2B. The court noted that the appellant had failed to respond to the respondent's claim for costs, and as such, the court proceeded to settle the costs in accordance with the respondent's memorandum. The total costs and disbursements awarded to the respondent amounted to $11,285.67.

The court ordered that the respondent, Tasman District Council, was to be awarded costs and disbursements in the amount of $11,285.67. This included the costs associated with the preparation of written submissions, appearance at the hearing, and various disbursements such as accommodation, airfare, and meals. The court provided a detailed schedule of the costs and disbursements, ensuring transparency and clarity in the final order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Resource Management Act 1991
IN THE MATTER OF	an appeal under section 299 of the Act against a final decision of the Environment Court issued 27 March 2019
BETWEEN	GARY BAIGENT Appellant
AND	TASMAN DISTRICT COUNCIL Respondent

Step	Description	Category	Days	Rate	Total
53	Commencement of response to appeal	2B	0.50	$2,230	$1,115.00
10	Preparation for first case management conference	2B	0.40	$2,230	892.00
11	Filing memorandum for first case management conference	2B	0.40	$2,230	892.00
56	Preparation of written submissions	2B	3.00	$2,230	6,690.00
57	Appearance at hearing	2B	0.50	$2,230	1,115.00
Total costs					$10,704.00
Disbursements
Courier fees					$ 10.00
Accommodation					224.63
Airfare					206.84
Taxi					95.20
Parking					21.00
Meals					24.00
Total disbursements					$581.67
Total costs and disbursements					$11,285.67