Decision on Costs

Home Page Breaching the Rules Deducted and Paid All Matters Submitted Written Permission Direction of Board Kypros Kotzikas Appeal Rights Natural Justice Edmund Bur

DECISION ON COSTS [1] In our decision on this appeal, we reserved the question of costs and invited written submissions. We have received and considered the submissions received from Thoroughbred Racing New Zealand and from Mr Middeldorp. Mr Middeldorp submits that he should not be burdened by a costs order because the issue he raised is of general importance and that the decision has provided guidance for future cases. [2] The power to order costs is found in Rule 1207(3) which provides as follows: 'The Appeals Tribunal may order that all or any of the costs and expenses of any party to the appeal, my other person granted permission to be heard at the hearing by direction of the Chairman of the Appeals Tribunal Thoroughbred Racing and/or any employee or officer thereof, the Judicial Control Authority and the Appeals Tribunal be paid by such person or body as it thinks fit. Such amount if unpaid shall be deemed arrears and may be placed on the Unpaid Forfeit List by the Court by the Board." [3] We consider that it is appropriate for costs to be ordered against Mr Middeldorp- As we said in our decision there really was no issue between the persons affected by Rule 405(3). If one of those persons had brought the issue before the Appeals Tribunal, there might be merit in the submission that no cost order should be made. However, Thoroughbred Racing New Zealand, who had no continuing issue with the New Zealand Racehorse Owners Federation, has incurred expense in conducting the case on this appeal and the Judicial Control Authority has incurred the expense of convening a hearing. [4] Having decided that an order for costs is appropriate, we must next decide on the amount. We approach the assessment of the amount of costs on the basis that the amount ordered should be a reasonable contribution to costs reasonably incurred. [5] The actual costs incurred by Thoroughbred Racing New Zealand are $1,453.90 which sum includes the costs of obtaining legal advice in the preparation of the appeal and the air fares for Mr Fenwick. It was necessary in our view for Mr Fenwick to be present at the appeal. These are costs reasonably incurred. [6] The expenses incurred by the Judicial Control Authority amount to $1,238.89. [7] We consider that a reasonable contribution to these costs is a total of $1,500, which is to be divided equally between Thoroughbred Racing New Zealand and the Judicial Control Authority - [8] Mr Middeldorp is ordered to pay $750 to Thoroughbred Racing New Zealand and $750 to the Judicial Control Authority.