J v L

[2023] NZHC 3206

NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, 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://

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-847

[2023] NZHC 3206

UNDER

Property (Relationships) Act 1976

IN THE MATTER

of an appeal from a decision of the Family Court at Auckland on 21 March 2023

BETWEEN

J

Appellant

AND

L

Respondent

Hearing:	On the papers
Counsel:	C Holland for Appellant K Koo for Respondent
Judgment:	14 November 2023

JUDGMENT OF WOOLFORD J

(As to costs)

This judgment was delivered by me on Tuesday, 14 November 2023 at 3:30 pm pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:           Righteous Law, Auckland

Koo Telle, Auckland

J v L [2023] NZHC 3206 [14 November 2023]

[1]                  On 1 September 2023, Davison J dismissed an appeal by the appellant against a decision of the Manukau Family Court dated 21 March 2023 granting an interim distribution of funds to the respondent under the Property (Relationships) Act 1976.

[2]                 The respondent now seeks costs and disbursements in relation to the appeal and an earlier interlocutory application for a stay of execution. Davison J has since retired, and the costs application has been referred to me as Duty Judge.

[3]                 As to the earlier interlocutory application for a stay of execution, I am satisfied from the documentation supplied that costs should lie where they fall.

[4]                 As to the appeal itself, the appellant agrees to pay the sum sought by the respondent of $11,472.00. The disbursements claimed of Uber (x 2) and office charges are, however, not payable.

[5]                 There will accordingly be an order that the appellant pay costs of $11,472.00 to the respondent.

Woolford J