Estate of Hudson

[2025] NZHC 313

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2024-485-565

[2025] NZHC 313

IN THE MATTER

of the Wills Act 2007

AND

IN THE MATTER

of an application for an order that a document be declared a valid will of the deceased Jacqueline Dorothy Hudson

MURRAY WILLIAM DAHM

Applicant

Hearing:	On the papers
Appearances:	B J Williams for Applicant
Judgment:	26 February 2025

JUDGMENT OF McHERRON J

(Costs)

[1]        In a judgment dated 25 February 2025, I made orders declaring a document, a draft unexecuted will provided to Ms Hudson just before she died, as a valid will and to make a minor correction to that will.1

[2]        Before the hearing, Mr Williams filed a memorandum on behalf of Mr Dahm seeking costs against Stephen Hudson in the sum of $4,063. Mr Williams calculated this amount, on a 2B basis, based on the steps taken by Stephen Hudson up until the time he withdrew his opposition to Mr Dahm’s application.2 Mr Dahm proposes that

1      Re Estate of Hudson [2025] NZHC 281.

2      High Court Rules 2016, schs 2 and 3.

these costs be deducted from Mr Hudson’s $40,000 beneficial interest in the deceased’s estate.

[3]        I gave Mr Hudson an opportunity to respond to these costs submissions and indicated I would then determine costs on the papers.

[4]Mr Hudson has since emailed the Court stating:

I have read that the Court costs of $4,063 will be debited from my payment of

$40,000 from the JD Hudson estate. We do not have any objection to this.

[5]        I am grateful to Mr Hudson for promptly indicating his agreement to this course of action, which is appropriate. It reflects the usual approach under the High Court Rules that costs are payable by an unsuccessful party to a successful party.3  Mr Williams also referred to Moleta v Darlow in which costs were ordered to be paid out of a beneficiary’s share of an estate.4

[6]        Accordingly, I order that Mr Stephen Hudson pay the estate costs of $4,063, as agreed, by way of deduction from his beneficial interest in the deceased’s estate.

McHerron J

Solicitors:
Bryce Williams Law Limited, Lower Hutt for Applicant

3      Rule 14.2(1)(a).

4      Moleta v Darlow [2022] NZHC 1330.