Butler v Massey University Albany

[2015] NZHC 2638

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].