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Dunedin District Court Judge Stephen Coyle's ruling was released late yesterday afternoon.
The ruling noted Ms Butler had asked for an assurance there would be no costs over the deposit of $750 she had paid.
"That request is inappropriate," he said, as costs could not be awarded until the conclusion of proceedings.
Given costs were evidently an issue, "Mrs Butler should be given time to reflect as to whether she wishes to proceed or not with the judicial recount."