Harrison v Harrison

[2020] NZHC 3505

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-2078

CIV-2019-404-2566 [2020] NZHC 3505

IN THE MATTER

Of the Valerie Geard Trust

BETWEEN

PAULINE JANICE HARRISON

Plaintiff

AND

ADRIENNE HARRISON and GRAEME

ROSS HARRISON as trustees of the Valerie Geard Trust

Defendants

On the papers:	At Auckland
Judgment:	22 December 2020

JUDGMENT OF POWELL J

This judgment was delivered by me on 22 December 2020 at 4 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

HARRISON v HARRISON and Ors (Costs) [2020] NZHC 3505 [22 December 2020]

CIV-2019-404-2566

BETWEEN  PAULINE JANICE HARRISON

Plaintiff

ANDADRIENNE HARRISON and GRAEME ROSS HARRISON as

trustees of the Valerie Geard Trust

AND  NICHOLAS HAMILTON BIRDSEY

Second Defendant

RAYMOND OWEN PARMENTER
Third Defendant

CHILDFUND NEW ZEALAND LIMITED

Fourth Defendant

ASB BANK LIMITED
Fifth Defendant

[1]                 On 19 November 2020 I issued a judgment1 dealing with a number of interlocutory applications in relation to two proceedings brought by the plaintiff, Pauline Harrison:

(a)  CIV-2019-404-2078 (“the 2078 proceedings”); and (b) CIV-2019-404-002566 (“the 2566 proceedings”).

[2]As a result of my decision:2

(a)The 2078 proceedings were struck out.

(b)The claims against the ASB Bank Limited in the 2566 proceedings were struck out.

(c)An extended order was made pursuant to s 166(2) of the Senior Courts Act 2016 preventing Ms Harrison from commencing or continuing civil proceedings on any matter the subject of proceeding in CIV-2019-404- 2566 or otherwise relating to or involving the Valerie Geard Trust, the Valerie Geard Waiheke Trust, or the applicants in either their capacity as trustees of those trusts or their personal capacity in a senior court, another court, or a Tribunal.

(d)Ordered Ms Harrison to pay security for costs on the 2566 proceeding in respect of each of the first, second, third and fourth defendants in the sum of $20,000 for each defendant, a total of $80,000, with the security to be paid within 28 days of the expiry of the order made pursuant to  s 166(2).

[3]                 Given the outcome I awarded costs to the defendants on the respective applications and set out a timetable to enable costs to be determined.

1      Harrison v Harrison [2020] NZHC 3066.

2 At [32].

[4]                 All parties have now filed memoranda. Apart from the ASB Bank Limited which does not seek costs, the defendants have all sought costs on a 2B basis.

[5]                 Ms Harrison opposes the award of costs, but it is clear from the emails that she has filed with the Court that she has not taken issue with any of the specific amounts claimed but rather has continued to assert her view of the substantive merits of the underlying litigation.

[6]                 In the circumstances, noting the overall background to the litigation, the findings in my judgment and having concluded that the costs claimed in each case are reasonable, I order Pauline Harrison to pay costs to the first, second, third and fourth defendants as follows:

(a)Costs of $10,994 together with disbursements in the sum of $2,070 being a total of $13,064.00, to Adrienne Harrison and Graeme Ross Harrison as trustees of the Valerie Geard Trust;

(b)Costs of $7,887 together with disbursements in the sum of $1,070 being a total of $8,957.00, in favour of Nicholas Hamilton Birdsey;

(c)Costs in the sum of $7,887 together with disbursements in the sum of

$750 being a total of $8,637.00, to Raymond Owen Parmenter;

(d)Costs in the sum of $7,887 together with disbursements in the sum of

$1,070 being a total of $8,957.00, in favour of ChildFund New Zealand Ltd.

[7]                 In each case I direct that any entitlement Ms Harrison may be entitled to on the winding up of the Valerie Geard Trust be applied first to the satisfaction of the costs orders.

Powell J