A Southland man whose pet ducks were killed in 2018 has successfully appealed the decision to award costs against him after he accused a neighbour’s dog of attacking them.
Eugene Anthony Greendrake and his ducks Drakie and Duckie have a convoluted court history.
In July, he appeared in the High Court at Invercargill to appeal costs in relation to the legal case stemming from events on August 18, 2018.
His pet ducks were attacked by a dog on his Nightcaps property. One died and one was severely wounded.
The SPCA decided not to prosecute in relation to the mauling.
Mr Greendrake laid charges against Wayne Alexander McConnochie, a dog owner who lived nearby.
But Judge Russell Walker dismissed the case following a judge-alone trial.
He found there was insufficient evidence to prove the allegations.
Mr McConnochie sought costs of $10,000 following the unsuccessful prosecution, which he was awarded.
In the meantime, Mr Greendrake applied to the High Court for leave to appeal Judge Walker’s decision.
Justice Rob Osborne declined the application and subsequently ordered Mr Greendrake to pay costs of $4500 in relation to his unsuccessful application for leave to appeal.
Mr Greendrake then filed an appeal against the $10,000 costs order in the High Court and applied for a stay of the costs order pending the appeal, to present further evidence in support of his appeal against costs.
On June 8, 2023 these applications were declined by Justice Osborne on the papers.
In his decision, he made a $1000 costs order against Mr Greendrake.
However, subsequent to the stay decision, Mr Greendrake successfully appealed the other costs orders made against him.
On August 14, 2023, in the High Court Justice Dunningham allowed Mr Greendrake’s appeal against the $10,000 costs order, and on October 30, 2023, the court allowed his appeal against the $4500 costs order.
Following the successful appeals, on November 3, 2023, Mr Greendrake filed an appeal against the $1000 costs order, and applied for leave to extend the time for filing the appeal.
The application for an extension of time was granted, and the appeal was allowed, meaning the order for costs of $1000 made in the High Court was quashed.
