Fernandes v Fernandes

[2015] NZHC 3048

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2014-485-11449 [2015] NZHC 3048

BETWEEN

MILTON RAYMOND FERNANDES

Appellant

AND

ALYLUZ PALACIO FERNANDES Respondent

On thepapers:
Counsel:	K Lakshman for Appellant T W Davis for Respondent
Judgment:	3 December 2015

JUDGMENT OF WILLIAMS (COSTS)

[1]      The respondent seeks costs.  The appellant submits there is no jurisdiction to make the award, this Court being functus officio.

[2]      Despite Fogarty J’s decision in Wilson v Selwyn District Council1, I am of the view that once the judgment is sealed this Court is functus officio and can make no further orders with respect to the proceeding.  I did not reserve costs, nor was I asked to.  Judgment was sealed on 18 June 2015.  The authorities cited by Mr Lakshman2 correctly state the law in this respect.

[3]      Even  if  that  is  wrong,  I  would  have  let  costs  lie  where  they  fall  as,  I understand it, they had in the Family Court.   Although the judgment reads as a comprehensive loss for the appellant, a number of the points raised were clearly arguable and the law in key areas in the appeal had not previously been dealt with in

the High Court.

1      Wilson v Selwyn District Council (2004) 17 PRNZ 461 (HC).

2      Thomson v Thomson (1992) 6 PRNZ 591 (HC) and Deverick v Hedley HC Auckland AP122- SW99, 23 June 2000.

FERNANDES v FERNANDES [2015] NZHC 3048 [3 December 2015]

[4]      The application for costs must be dismissed accordingly.

Williams J

Solicitors:

K Lakshman, Barrister, Johnsonville
Tania Davis Law, Porirua