Booth v Booth

[2020] NZHC 482

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2018-454-59

[2020] NZHC 482

BETWEEN

JASON BOOTH

Applicant

AND

TANIA BOOTH

Respondent

Counsel:	J Maassen for applicant J Delany for respondent
Judgment:	11 March 2020

COSTS JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[On the papers]

[1]    In my judgment dated 19 December 2019 I transferred this proceeding to the Family Court. This order was made on the application of the respondent, Tania Booth, against the opposition of the applicant, Jason Booth. I reserved costs in the expectation that counsel would be able to settle these, but indicated that on the face of things Tania, as the successful party, was entitled to costs on a 2B basis. I now have memoranda from Mr Delany for Tania and Mr Maasen for Jason asking the Court to resolve costs. There is only one issue, namely Tania’s claim for costs for the filing and service of a notice of opposition. I am of course aware that several proceedings were being dealt with together and that there were numerous applications and oppositions being exchanged. But, essentially, Tania applied for an order transferring this proceeding and Jason opposed it. It is difficult to see that Tania should recover costs for the filing and service of a notice of opposition in that context. I disallow that item.

BOOTH v BOOTH [2020] NZHC 482 [11 March 2020]

[2]Tania will have a costs order on a 2B basis for $9,942 plus disbursements of

$500.

Associate Judge Johnston

Solicitors:

Brittens Lawyers, Palmerston North for applicant Chapmantong Law, Wellington for respondent