Gerring-Gunn v Gunn
[2023] NZHC 2972
•24 October 2023
IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CIV-2022-419-136
[2023] NZHC 2972
UNDER the Property (Relationships) Act 1976 BETWEEN
ANNA MICHELLE GERRING-GUNN
Appellant
AND
STEVEN ALEXANDER GUNN
Respondent
Hearing: On the papers Counsel:
R P Sutton for appellant MIS Phillipps for respondent
Date of judgment:
24 October 2023
JUDGMENT OF JAGOSE J
[Costs]
This judgment was delivered by me on 24 October 2023 at 3.30pm.
Pursuant to Rule 11.5 of the High Court Rules.
…………………………
Registrar/Deputy Registrar
Counsel/Solicitors:
Richard Sutton, Barrister, HamiltonVicki Ammundsen Trust Law, Auckland
GERRING-GUNN v GUNN - Costs [2023] NZHC 2972 [24 October 2023]
[1] My 19 September 2023 judgment — upholding Anna’s appeals only on the issue of her liability for costs as an aided person in the Family Court, and essaying a preliminary view costs on the appeals should lie where they fell or fall given both Anna’s only partial success on the appeals and her status as an aided person — reserved costs for Steve’s claim.1
[2] Pointing out Anna was not an aided person for the purpose of her appeal, Steve claims $12,906 in 2B costs and $987.88 in disbursements on responding to the substantive appeal; he would allow Anna 2A costs of $4,660.50 and disbursements of
$540 on her success in the costs appeal. The net result is a claim of $8,693.38 by Steve of Anna. Anna filed no response either in terms of my timetable directions or as was indicated on the Registry’s subsequent enquiry.
[3] I accept Anna was not an aided person for the appeals. Steve’s approach is predictable and expeditious in determining net costs payable by Anna to Steve at appropriate daily recovery rates. I am satisfied the steps claimed also are appropriate.
[4]I order Anna pay Steve $8,693.38 in costs on the appeals.
—Jagose J
1 Gerring-Gunn v Gunn [2023] NZHC 2603.
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