Todd Aaron Marteley v The Legal Services Commissioner - SC 61/2014

Media releases

Summary

Civil Appeal – Legal aid – Whether the Court of Appeal erred in its interpretation of s 8 of the Legal Services Act 2011 – Whether costs should have been awarded to the applicant in the courts below. [2014] NZCA 185  CA 735/2013

Result

A The application for leave to appeal is granted (The Legal Services Commissioner v Marteley [2014] NZCA 185).
B The approved questions are:

Was the interpretation of s 8 of the Legal Services Act 2011 by the majority of the Court of Appeal correct?
Should costs have been awarded to the applicant in the courts below?
22 July 2014
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A   The appeal is allowed, the Court of Appeal judgment is set-aside and the order that the appellant receive legal aid for his conviction appeal is restored.
B  In this Court the appellant is awarded costs of $25,000 together with reasonable disbursements.
C  The appellant is also entitled to costs and disbursements in the High Court and Court of Appeal to be fixed by those Courts.
21 August 2015

Hearing Transcripts

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