Short v Paeyroux [2012] CKLC 8; Application 10.2011 (27 April 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(LAND DIVISION)

Application No. 10/2011

IN THE MATTER Section 390A of the Cook Islands Act 1915

AND

IN THE MATTER of the lands known as TE-MATA-O-TE-ENUA, SECTION 10 A 1, NGATANGIIA ("the Land")

AND

IN THE MATTER of an Application to the Chief Justice

BETWEEN

TT SHORT
Applicant

AND

MRD PAEYROUX & ORS
Respondents

AND

THE ATTORNEY GENERAL
Nominal Respondent

JUDGMENT AS TO COSTS

[1] By Minute dated 15 March 2012 I dismissed Mr Short's application brought pursuant to Section 390A, Cook Islands Act 1915. I reserved leave to Mrs Browne to pursue the ion ofon of costs.

[2] I subsequently received her memorandum filed in the Court on 3 April 2012. She sought costs at a level of 75-80% of her client'ual costs of $1,948.25. I have been advised that this memormemorandum has been served on Mr Shor there has been no repl reply.

[3] It seems to me that Mrs Browne's costs were reasonably incurred and I have no concern as to their quantum.


[5] I need to bear in mind that the special jurisdiction of Section 390A should not be unduly stifled. Claimants with a legitimate grievance need to believe that their concerns can be ventilated. On the other hand, the Court needs to be astute to protect the vested interests which such applicants seek to challenge.

[6] Balancing those various matters, I believe that costs should be fixed at $1,000 and I order the applicant to pay this to the respondents. Such payment is to be made to Mrs Bro office within two weeksweeks from the date of this Judgment.

Dated 27 April 2012 (NZT)

Tom Weston
Chief Justice