Pub Charity Inc v Department of Internal Affairs
NZ 26/2/2016 12/2/2016
:
Civil procedure — Costs — Award
Civil procedure — Proceedings — Discontinuance
Gaming and lotteries
Judgment of Randerson, Wild and Cooper J regarding costs – PCI’s appeal against judgment of Simon France J was discontinued after DIA advised it would not be pursuing proposal to suspend PCI’s gaming operator’s licence – PCI now sought costs of $45,423 and disbursements of $532.53 – also sought order quashing High Court (‘HC’) costs order in favour of DIA and instead costs against DIA of $33,279.50 and disbursements of $3,406.19 – DIA opposed any order for costs against it and sought costs against PCI of $18,522 and disbursements of $177.64.
Held, DIA’s late abandonment of its proposed suspension of PCI’s licence meant it was no longer necessary for PCI to pursue the appeal – DIA ought to pay costs to PCI – however category B costs not warranted and no uplift should be made – doubt over jurisdiction to quash a HC costs order when the appeal to Court of Appeal had been abandoned – HC proceedings were concerned with correct interpretation of Gambling Act 2003 and outcome favoured DIA – no reason why costs should not follow the event – DIA to pay costs to PCI on band A basis – orders accordingly.
Legislation Considered
- Court of Appeal (Civil) Rules 2005 R 44(3) , R 48(4) , R 53E(2)(a) , R 53J
- Declaratory Judgments Act 1908
- Gambling Act 2003
- High Court Rules Pt 30
- Judicature Amendment Act 1972
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