Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Taylor v Roper - costs judgment

IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA
TĀMAKI MAKAURAU ROHE
CIV-2016-404-001149
[2019] NZHC 16

IN THE MATTER OF
a claim of historic sexual abuse

BETWEEN

MARIYA TAYLOR
Plaintiff

AND

ROBERT ROPER
First Defendant

ATTORNEY-GENERAL
Second Defendant

[…]

JUDGMENT OF EDWARDS J
[re Costs]

[…]

[1] In my judgment dated 5 September 2018, I dismissed Ms Taylor’s civil claim against Mr Roper and against the Attorney-General on behalf of the Royal New Zealand Air Force (RNZAF).

[2] Ms Taylor sought damages (including exemplary damages) against both Mr Roper and the RNZAF for the mental harm she alleged was caused by Mr Roper’s actions between 1985 and 1987. Sixteen witnesses, including two experts, gave evidence at trial over one and a half weeks. The briefs of evidence of other witnesses were taken as read.

[3] I found it likely that Mr Roper had acted as Ms Taylor alleged, and that these acts were a material and substantial cause of Ms Taylor’s mental injury, namely, her post-traumatic stress disorder. However, Ms Taylor’s claim did not succeed because it had not been brought within the time limits prescribed by the Limitation Act 1950, and there was insufficient evidence that she was suffering from a disability that would have prevented her from bringing her claim within time.

[4] Both the RNZAF and Mr Roper sought an award of costs. The RNZAF subsequently withdrew its application. Mr Roper claims costs of $55,638.50 plus disbursements of $220. Costs have been calculated according to the scale set out in the High Court Rules 2016. The total sum claimed is substantially less than the actual costs and disbursements incurred by Mr Roper which total $100,213.21. Mr Roper was in receipt of legal aid for part of the proceeding. The sum of $75,888.35 has been paid out under that grant for both costs and disbursements.

[5] Ms Taylor opposes costs and submits that no order should be made in favour of Mr Roper. Although she was unsuccessful in establishing her claim, she says that Mr Roper failed on the issue of whether the alleged acts of assault and false imprisonment occurred, and that this issue significantly increased Ms Taylor’s costs at trial.

[…]

[22] Overall, I consider a reduction of 50 per cent on the basis that Mr Roper lost on an issue which caused Ms Taylor to incur significant costs maintains the integrity of the costs regime and is consistent with the principles in r 14.2 which underpin it. The practical effect of that reduction is that Mr Roper will be left with a significant cost burden, despite successfully defending the claim at trial. But that is the ordinary consequence of an orthodox application of the cost rules in this case. Accordingly, I award Mr Roper 50 per cent of costs calculated on a schedule 2B basis (being $27,819.25) plus disbursements of $220.

Full judgment: 2019NZHC16TaylorvRoper.pdf

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines


Alastair Thompson: Are There TPLF Ethiopia Insurgency Training & Support Operations in Uganda?


Mystery Document Alleges:
Covert Operation has US/Egypt Support
Operations Coordinated between South Sudan, TPLF and Uganda
Planning began December 2021...

More>>



Gordon Campbell: On National’s Ongoing Problems With Abortion


Despite Christopher Luxon’s assurances to the contrary, there is no such thing as “settled law” in New Zealand. Apart from the six provisions that are constitutionally entrenched, legislation can always be amended or overturned by a simple majority vote within our single chamber of Parliament. Luxon’s repeated use of the term “settled law” has been particularly tone deaf, given that several of the US Supreme Court justices used that very same term during their confirmation hearings...
More>>



 
 

Government: New Zealand Secures Major Free Trade Deal With European Union
New Zealand and the European Union have concluded negotiations on a major free trade agreement (FTA), which unlocks access to one of the world’s biggest and most lucrative markets... More>>

ALSO:

Government: New Measures To Help Manage COVID-19 As Country Stays At Orange
The Government is taking action to help reduce the spread of COVID-19 in schools and early childhood services, COVID-19 Response Minster Dr Ayesha Verrall and Associate Education Minister Jan Tinetti announced today... More>>

Prime Minister: Remarks At NATO Summit
It is a rare thing to have New Zealand represented at a NATO Summit. While we have worked together in theatres such as Afghanistan, and have been partners for just on a decade, today represents an important moment for our Pacific nation... More>>



Government: New Era For Better Health In Aotearoa New Zealand

The Government has today delivered a nationwide health system that will ensure better outcomes for all New Zealanders with the establishment of Te Whatu Ora - Health New Zealand... More>>



Greens: Alcohol Harm Minimisation Bill Pulled From Biscuit Tin

After years of research and advocacy, Parliament will finally consider legislation to take meaningful action on alcohol harm, says the Greens... More>>


Government: Wellington’s Rapid Transit Option Progresses To Next Stage
The Government is progressing a preferred option for LGWM which will see Wellington’s transport links strengthened with light rail from Wellington Station to Island Bay... More>>

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels