Bhamidipati v Bhamidipati

[2019] NZHC 2402

UNDER

the Property (Relationships) Act 1976

IN THE MATTER

of an appeal against a decision of the Family Court at Hutt Valley

BETWEEN

SEETARAMA RAO BHAMIDIPATI

Appellant

AND

LALITHA DEVI BHAMIDIPATI

Respondent

Hearing:	On the papers
Counsel:	M A F Gilkison for Appellant K Lakshman for Respondent
Judgment:	23 September 2019

[1]                 On 5 April 2019 I dismissed Mr Bhamidipati’s application to adduce further evidence on appeal and awarded costs to the respondent, Mrs Bhamidipati. My judgment delivered 2 July 2019 determined the subsequent dispute between the parties about the sum of costs to be awarded.1

1      Bhamidipati v Bhamidipati [2019] NZHC 1521.

BHAMIDIPATI v BHAMIDIPATI [2019] NZHC 2402 [23 September 2019]

[2]                 Following  his  unsuccessful  application  for  leave  to  adduce   evidence, Mr Bhamidipati abandoned his appeal.

[3]                 Mrs Bhamidipati seeks costs on the abandoned appeal. The costs sought are not disputed by Mr Bhamidipati.

[4]Accordingly:

(a)Mr Bhamidipati is to pay to Ms Bhamidipati costs in the sum of

$8,584.00 (comprising costs of $8,474.00 and disbursements of

$110.00); and

(b)the $3,000 which Mr Bhamidipati paid into court by way of security for costs is to be paid out to Ms Bhamidipati. Mr Lakshman is to liaise with the registry in relation to  the mechanics.  The  costs  owed to  Ms Bhamidipati will then be off-set by $3,000

Karen Clark J

Solicitors:

Mackay & Gilkison, Wellington for Appellant Idesi Legal Ltd, Johnsonville for Respondent