DN v An

[2021] NZHC 1977

NOTE: PURSUANT TO S 139 OF THE CARE OF CHILDREN ACT 2004, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION,

PLEASE SEE https://www.justice.govt.nz/family/about/restriction-on-publishing- judgments/

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-1733

[2021] NZHC 1977

BETWEEN

DN

Appellant

AND

AN

Respondent

Judgment:

(On the papers)

3 August 2021

JUDGMENT OF BREWER J

(Costs)

This judgment was delivered by me on 3 August 2021 at 10 am pursuant to Rule 11.5 High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Inder Lynch (Manukau) for Appellant Urlich Milne (Auckland) for Respondent

DN v AN [2021] NZHC 1977 [3 August 2021]

Introduction

[1]    DN and AN are the separated parents (father and mother, respectively) of two children. On 7 August 2020, Judge K Muir in the Family Court made a final parenting order providing that AN should have the day-to-day care of the children, and DN should have specified regular contact.1 DN appealed that decision to this Court, seeking a shared care arrangement.

[2]    I considered that, in light of the history of the discord between DN and AN, Judge Muir was entitled to form an adverse view of DN and predict the likelihood of continued conflict between the parents.2 I considered that the Judge adequately considered the children’s views. I did not consider that the Judge erred, and dismissed the appeal.

[3]    AN now seeks 2B costs. DN has not filed anything in response. By joint memorandum dated 14 October 2020, the parties agreed that the case falls under category 2. I agree that band B is likewise appropriate. This was a case where a normal amount of time spent on the steps was appropriate.

The costs schedule

[4]AN seeks costs for the following steps:

Step	Step Number	Days	Total
Commencement of response to appeal	53	0.5	$1,195
Memorandum for first or subsequent case management conference	11	0.4	$956
Appearance at case management conference	13	0.3	$717
Preparation of written submissions3	56	1.5	$3,585
Appearance at hearing	57	0.5	$1,195
Overall Total:	2.9	$6,931

1      DN v AN [2020] NZFC 5787 at [97].

2      DN v AN [2021] NZHC 1093.

3      This step would be three days according to the schedule. I take it AN only spent 1.5 days on this step, and hence – appropriately – claims their actual time.

[5]    These figures are incorrect. The days should add to 3.2, and the total should come to $7,648.

[6]Nonetheless, the steps claimed are orthodox. I will award the correct sum.

Result

[7]I award AN costs on a 2B scale basis, which totals $7,648.

Brewer J