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Sage v Registrar of Youth Court Auckland [1996] NZFLR 477 (YC)

Case summary provided by LEXISNEXIS NZ

Name: Sage v Registrar of Youth Court Auckland
Reported: [1996] NZFLR 477
File number:
Date: 3 April 1996
Court: Youth Court
Location: Auckland
Judge: McElrea DCJ
Charge:
CYPF no: s325(1)
Key Title: Youth Advocate’s Costs
LEXISNEXIS Summary:

Costs - Youth advocate's accounts - Hourly rate of $110 approved - Whether rate to be inclusive or exclusive of GST - Whether remuneration of $110 inclusive of GST was fair and reasonable - Children, Young Persons, and Their Families Act 1989, s 325(1).

The applicant, an experienced youth advocate, applied for review of the decision of the Registrar directing that payment of her account be at the rate of $110 per hour inclusive of GST. It was noted that although the practice of the Auckland Youth Court was to pay at a rate of $110 per hour inclusive of GST, the Wellington Court paid at a rate of $110 per hour plus GST.

Held (directing that the applicant be paid $110 per hour plus GST)

The real question was whether a figure of $110 per hour inclusive of GST was fair and reasonable. Given the experience of the advocate and given the higher rates of remuneration applicable to counsel for the child, counsel to assist the Family Court or counsel appointed under the Protection of Personal and Property Rights Act 1988, a figure of $110 per hour inclusive of GST was not fair and reasonable. Further it was desirable that there be uniformity throughout the country.

Case referred to in judgment

Patchett v Leathem (1949) 65 TLR 69

Application

This was an application for review of a Registrar's decision directing that payment of a youth advocate's account be at a rate of $110 per hour inclusive, as opposed to exclusive, of GST.‡

Page 478; [1996] NZFLR 477

Application for review of decision of Registrar as to amount of a youth advocate's bill of costs.