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Ministry for Primary Industries v Hawkes Bay Seafood [2019] NZDC 12304

Published 18 February 2020

Costs — claims of privilege on documents — proceedings discontinued — struck out — Manukau Golf Club Inc v Shoye Venture Limited [2012] NZSC 109 — Search and Surveillance Act 2011 — District Court Rules 2014, r 15.20. The respondents sought costs on a category 2 basis, after the applicant discontinued an application for directions relating to the respondent's claims of privilege on certain documents connected to two court cases. The respondents argued that costs follow the event and also implicitly argued that as the respondents had discontinued the proceedings, they were liable to pay costs according to r 15.20 of the District Court Rules. The respondents argued that the disputed claims of privilege had been a genuine issue in the two court cases and that the court was the appropriate forum to determine the issue; therefore costs should lie where they fell. The Court found that the application for directions was reasonable, appropriate and in all the parties' interests. Further, the application was rendered moot by decisions in the two court cases, so the applicant was justified in discontinuing the proceedings. The Court ordered that costs lie where they fell. Judgment Date: 4 July 2019.

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