Li v Chief Executive of Ministry of Business Innovation and Employment

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-002763

CIV-2017-404-002764 [2018] NZHC 2346

IN THE MATTER
of intended appeal and judicial review

proceedings pursuant to ss 245 and 249 of the Immigration Act 2009

BETWEEN

YOUXIN LI Applicant

AND

CHIEF EXECUTIVE OF MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT

First Respondent

IMMIGRATION AND PROTECTION TRIBUNAL

Second Respondent

Hearing: On the papers

Judgment:

7 September 2018

JUDGMENT OF DOWNS J (Costs)

This judgment was delivered by me on Friday, 7 September 2018 at 11 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:
Crown Law, Wellington.

Copy to: Applicant

YOUXIN LI v CHIEF EXECUTIVE OF MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT [2018] NZHC 2346 [7 September 2018]

[1] On 6 June 2018, I refused Mr Youxin Li leave to appeal, or review, a decision of the Immigration and Protection Tribunal.1 My judgment was silent on costs. The Crown seeks 2B costs. Counsel for Mr Li no longer holds instructions.

[2] There is no obvious reason why the Crown should not have costs. Mr Li was unsuccessful.2 No special rule affects immigration cases, even when the unsuccessful party may be impecunious.3 And, there is no evidence Mr Li is impecunious. On that before me, Mr Li had been in paid employment for many years.

[3] 2B costs are awarded to the Crown.

……………………………..

Downs J

1      Li v Chief Executive of Ministry of Business Innovation and Employment [2018] NZHC 1309.
2      High Court Rules 2016, r 14.2(a).
3      Chief Executive of Department of Labour v Taito CA225/04, CA54/05 8 February 2006.

CaseChat Overview and Summary

The case of Li v Chief Executive of Ministry of Business Innovation and Employment involves Mr Youxin Li, an applicant seeking leave to appeal or review a decision made by the Immigration and Protection Tribunal. The decision was made on 6 June 2018 by Downs J. The Chief Executive of the Ministry of Business Innovation and Employment and the Immigration and Protection Tribunal are the respondents in this case. The court was tasked with determining whether Mr Li should be granted leave to appeal or seek judicial review of the tribunal's decision.

The central legal issue that the court had to address was whether the unsuccessful party, Mr Li, should bear the costs of the proceedings. The Crown argued that Mr Li should pay the costs, as he was unsuccessful in his application. It was noted that there was no special rule in immigration cases that would exempt Mr Li from paying costs, especially given that there was no evidence to suggest that he was impecunious. Furthermore, it was established that Mr Li had been in paid employment for many years.

The court, after considering the relevant rules and case law, concluded that there was no reason for the Crown not to receive costs from Mr Li. The High Court Rules 2016 and a previous case, Chief Executive of Department of Labour v Taito, were referenced in the judgment. Ultimately, the court awarded 2B costs to the Crown.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established