Clayton v Clayton

In this case, the appellants in CA473/2013 and CA474/2013 sought to appeal against the orders made in the Court of Appeal of New Zealand. The respondent Melanie Ann Clayton was the appellant in CA438/2013 and the respondent in CA473/2013 and CA474/2013. The case involved disputes over the property and finances of the Clayton family. The court was required to determine the quantum of costs awarded in the previous judgment and whether the costs should be paid to Mrs Clayton. The appellants argued that they had already paid Mrs Clayton an amount of $130,000 as maintenance, which exceeded the costs awarded in the Court of Appeal. They claimed that this payment could be set off against the costs awarded. Mrs Clayton, on the other hand, argued that her actual legal and accounting costs were much higher than the amount paid under the maintenance order.

The court held that the agreed amount for costs in the Court of Appeal and the amount held by way of security for costs should both be paid to Mrs Clayton. The court held that the costs ordered in the Court of Appeal and the amount held by way of security for costs were relatively minor sums in a much larger dispute between the parties. The court also held that the sum of $10,000 per month by way of maintenance for Mrs Clayton was not directed towards specific costs orders but was justified because the litigation was so expensive as to prevent Mrs Clayton from becoming self-supporting and being able to meet her reasonable needs. The court further held that if Mrs Clayton's assertion was right, then the costs award made in the Court of Appeal fell well short of her actual solicitor and client costs. The court ordered that the appellants in CA473/2013 and CA474/2013 pay the respondent Melanie Ann Clayton costs and disbursements of $53,399.35. The court also directed the Registrar to pay to Melanie Ann Clayton the amount of $11,760 held as security for costs in CA438/2013 and CA474/2013 and any accumulated interest thereon. The sum of $5,880 and any accumulated interest paid by Mark Arnold Clayton as first appellant in CA474/2013 may be set-off against the costs order of $53,399.35.