Appeal J Parkes v RIU – Costs Decision dated 17 September 2015 – Chair, Mr KG Hales
ID: JCA11561
Decision:
IN THE MATTER of the New Zealand Rules of Thoroughbred Racing
AND
BETWEEN JOHNATHAN PARKES
Appellant
AND RACING INTEGRITY UNIT
Respondent
COSTS DECISION
1. In determining whether to make an award of costs, it is observed at the outset that this Appeal Tribunal has a discretion to award costs. Costs are usually awarded against the unsuccessful party in the proceedings in favour of the party who has succeeded.
2. Rule 1007(3) provides as follows:
"The Appeals Tribunal may order that all or any of the costs and expenses of any party to the Appeal............."
3. This Appeal Tribunal is also cognisant of the Practice Note dated 25th September 2014 issued by the Judicial Control Authority for Racing ("JCA").
4. In this case, the Appellants have not been successful and thus, an award of costs should be made in favour of the Respondent.
5. It is also appropriate that a contribution to JCA costs should also be made in favour of the JCA. In this regard, it should be noted that a contribution only is to be ordered.
6. Thus, the Appellant is directed to pay costs as follows:
RIU
(a) Airfares and parking $461.00
(b) Costs of transcription $77.63
$538.63
7. The Appellant is also directed to pay a contribution to JCA costs in the sum of $1,415.00.
Dated this 17th day of September 2015
KG Hales
Appeal Tribunal Chairman
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 22/09/2015
Publish Date: 22/09/2015
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 1d5867d8b654ee2bc0168b7498cdda88
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decisiondate: 22/09/2015
hearing_title: Appeal J Parkes v RIU - Costs Decision dated 17 September 2015 - Chair, Mr KG Hales
charge:
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appealdecision: NO LINKED APPEAL DECISION
isappeal:
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reasonsfordecision:
Decision:
IN THE MATTER of the New Zealand Rules of Thoroughbred Racing
AND
BETWEEN JOHNATHAN PARKES
Appellant
AND RACING INTEGRITY UNIT
Respondent
COSTS DECISION
1. In determining whether to make an award of costs, it is observed at the outset that this Appeal Tribunal has a discretion to award costs. Costs are usually awarded against the unsuccessful party in the proceedings in favour of the party who has succeeded.
2. Rule 1007(3) provides as follows:
"The Appeals Tribunal may order that all or any of the costs and expenses of any party to the Appeal............."
3. This Appeal Tribunal is also cognisant of the Practice Note dated 25th September 2014 issued by the Judicial Control Authority for Racing ("JCA").
4. In this case, the Appellants have not been successful and thus, an award of costs should be made in favour of the Respondent.
5. It is also appropriate that a contribution to JCA costs should also be made in favour of the JCA. In this regard, it should be noted that a contribution only is to be ordered.
6. Thus, the Appellant is directed to pay costs as follows:
RIU
(a) Airfares and parking $461.00
(b) Costs of transcription $77.63
$538.63
7. The Appellant is also directed to pay a contribution to JCA costs in the sum of $1,415.00.
Dated this 17th day of September 2015
KG Hales
Appeal Tribunal Chairman
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