Appeal BJ Craik v RIU – Decision on Costs dated 11 August 2015

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hearing_title: Appeal BJ Craik v RIU - Decision on Costs dated 11 August 2015

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Decision:

BEFORE AN APPEALS TRIBUNAL
OF THE JUDICIAL CONTROL AUTHORITY

IN THE MATTER of the Rules of New Zealand Greyhound Racing Association (Incorporated)

BETWEEN BARBARA J CRAIK
Appellant

AND RACING INTEGRITY UNIT
Respondent

Appeals Tribunal: R G McKenzie (Chairman), N M Moffatt (Member)

Mr B D F Craik, Lay Advocate for the Appellant
Mr R L Neal, Co-Chief Stipendiary Steward, for the Respondent
Date of Decision: 11th August 2015

APPEALS TRIBUNAL DECISION ON COSTS

[1] In its decision dated 20th July 2015, this Tribunal reserved the matter of costs and invited the parties to file written submissions.

[2] In its submission, the Respondent has stated that it wished to claim only the cost of transcribing the hearing before the Judicial Committee, that cost being $258.75 the Tribunal was told.

[3] Mr B D F Craik, Lay Advocate for the Appellant, responded to that submission in an e-mail on 22nd July 2015. In that e-mail he stated:
I would like to point out that I did not order [a transcript] to defend this case. After I put in my appeal submissions Mr Neal quoted from the transcript in his reply. I rang the JCA to advise them I thought this to be unfair because I could not respond without the relevant part of the transcript. I only asked for the evidence of Ms Bliek which this related to. . . I did not ask for a full transcript so I don’t see why I should pay for one”.

[4] The procedure on appeal is prescribed in Rule 96.4 of the Greyhound Racing New Zealand Rules of Racing:
All appeals shall, except when and to the extent that the Appeals Tribunal otherwise directs, be by way of rehearing based on the evidence adduced at the hearing conducted by the persons or body whose decision is appealed against.

[5] In this case, the Appellant did not request a transcript and was not aware that a transcript was required. Neither was she advised that a transcript would be obtained or that the cost of preparation of any transcript would be claimed as costs against her.

[6] However, the Appellant did require part of the transcript to be made available to her – the evidence of Ms Bliek.

[7] For that reason, the Tribunal orders that the Appellant pay costs of $50.00 to the Respondent by way of a contribution to the cost of preparation of the transcript.

[8] The costs of the Judicial Control Authority were minimised by the parties agreeing to have the appeal determined “on the papers”. However, there were still costs incurred by the Authority and, accordingly, it is appropriate to make an award by way of a contribution to those costs.

[9] The Appellant is ordered to pay costs in the sum of $300.00 to the Judicial Control Authority.

[10] The filing fee paid by the Appellant to the Judicial Control Authority is forfeited to that body.

R G McKenzie (Chairman)

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