Bruce Robert Fowler v Donna Ann Wills

[2003] NZCA 234

LEAVE TO PUBLISH GRANTED IN ACCORDANCE WITH S35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976

IN THE COURT OF APPEAL OF NEW ZEALAND

CA49/03

BETWEENBRUCE ROBERT FOWLER

Appellant

ANDDONNA ANN WILLS

Respondent

Hearing:16 September 2003

Coram:Keith J
Laurenson J
Salmon J

Appearances:  M Lloyd for the Appellant

P J P Grace for the Respondent

Judgment:21 October 2003 

JUDGMENT (No 2) OF THE COURT

[1]   The final two sentences of the judgment relating to the return of the $50,000 paid into Court and costs are recalled and replaced as follows:

The sum of $50,000 paid by him to the Registrar of the High Court at Auckland is to be returned.  In terms of s40(4) of the Legal Services Act 2000 (the respondent being legally aided) this Court specifies that the appellant would have been entitled to a costs order against the respondent of $6,000 plus reasonable disbursements including travel and accommodation costs of counsel, to be fixed by the Registrar in the absence of agreement.

Solicitors:

M Nicholson, Auckland for the Appellant
Rice Craig, Auckland for the Respondent