Ball v Saint

[2022] NZHC 3502

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-1876

[2022] NZHC 3502

IN THE MATTER OF

an application for probate in solemn form under Part 18 of the High Court Rules 2016

IN THE MATTER OF

of JOHN ELLIOTT LAWFORD, of

Auckland, Retired, Deceased

BETWEEN

DENISE JOY BALL, TIMOTHY JOHN LEWIS and ROBERT McDOUGALL FERRIER

Plaintiffs

AND

BELINDA BEVERLEY GWENDOLEN SAINT

First Defendant

JACK LEE PORUS and DAVID LUNNY
Second Defendants

MYLES CURLING LAWFORD

Third Defendant

Hearing:	22 November 2022
Appearances:	S Grant and S Coomber for the plaintiffs A McDonald for the first defendant
Result Judgment:	16 December 2022

RESULT JUDGMENT OF ROBINSON J

This judgment was delivered by me on 16 December 2022 at 4:00pm pursuant to Rule 11.5 of the High Court Rules

…………………………………………………………………… Registrar/Deputy Registrar

Solicitors: AJO Legal, Auckland; Hesketh Henry, Auckland; Glaister Ennor, Auckland; Lee Salmon Long, Auckland; Gregory Simon Law, Auckland / Counsel: S Grant, Auckland; V Bruton KC, Auckland; A McDonald, Auckland; D Chambers KC, Auckland

BALL v SAINT [2022] NZHC 3502 [16 December 2022]

[1]        For reasons I will set out in a separate judgment to be issued next week, the plaintiffs’ application for leave to apply for an order that the first defendant provide security for costs is declined.

[2]       The first defendant is entitled to costs. My preliminary view is costs should be calculated on a 2B basis. If the parties are unable to agree counsel for the first defendant and then counsel for the plaintiffs should file a memorandum of no more than five pages by Friday, 3 February 2023 and Friday 10 February 2023 respectively.

Robinson J