IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV 2018-404-002874
[2019] NZHC 1573
IN THE MATTER Of an appeal under s 39 of the Property (Relationships) Act 1976 and s 124 of the District Courts Act 2016 BETWEEN
ROBIN MCGREGOR CAMPBELL
Appellant
AND
DENISE KAY CAMPBELL GOLDIE
Respondent
Hearing: 27 June 2019 Appearances:
L La Mantia for Appellant K Puddle for Respondent
Judgment:
8 July 2019
Reissued:
21 August 2019
JUDGMENT OF VAN BOHEMEN J
This judgment was delivered by me on 08 July 2019 at 10am and Re-delivered on 21 August 2019
Pursuant to Rule 11.5 of the High Court Rules
…………………………
Registrar/Deputy Registrar
Solicitors:
L La Mantia, Barrister, Auckland Martelli McKegg, Auckland
K3 Legal Limited, Auckland
CAMPBELL v CAMPBELL GOLDIE [2019] NZHC 1573 [8 July 2019]
Introduction
[1] Robin Campbell wants to appeal costs decisions in two related proceedings brought by his former wife, Denise Goldie, regarding the division of their relationship property under the Property (Relationships) Act 1976 (the PRA). The litigation started as a single proceeding but was split at Mr Campbell’s request so that the part that did not require Ms Goldie to give evidence could continue when Ms Goldie was on medication and unable to cope under cross examination.
[2] The proceeding that was heard first – before Judge Maureen Southwick QC – concerned whether Mr Campbell’s powers in relation to the family trust that owned the house in which Mr Campbell and Ms Goldie had lived before and during their marriage constituted a property interest for the purposes of the PRA. Judge Southwick held that they were not.1
[3] The proceeding that was heard second – before Judge A P Goodwin – concerned the duration of the relationship of Mr Campbell and Ms Goldie and, as a consequence, which assets were relationship property and which were separate property, and the division of assets held to be relationship property. Judge Goodwin held that the only qualifying relationship between Mr Campbell and Ms Goldie for the purposes of the PRA was from March 2005 to January 2010, as argued by Mr Campbell. As a consequence of that determination, Judge Goodwin held that many of the assets under consideration were separate property. However, certain assets were agreed to be relationship property and Judge Goodwin ordered accordingly. The effect of those orders was that Mr Campbell was to pay Ms Goldie approximately $65,000, subject to final adjustments relating to the value of Ms Goldie’s Kiwisaver account.2
[4] Mr Campbell considered he was the successful party in both proceedings and applied for costs in relation to each. However, both Judge Southwick and Judge Goodwin held that costs should lie where they fall.3
1 Campbell Goldie v Campbell [2016] NZFC 4757.
2 Goldie v Campbell [2017] NZFC 1811.
3 Campbell Goldie v Campbell [2018] NZFC 7105; Campbell Goldie v Campbell [2018] NZFC 9052.
[5] Mr Campbell did not, within the appeal period of 20 working days stipulated in the…
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