Jellie v Fukuda

[2015] NZHC 138

NOTE: PURSUANT TO S 169 OF THE FAMILY PROCEEDINGS ACT 1980, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B TO

11D OF THE FAMILY COURTS ACT 1980.  FOR FURTHER INFORMATION, PLEASE SEE COURT/LEGISLATION/RESTRICTIONS-ON-PUBLICATIONS.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-1853 [2015] NZHC 138

BETWEEN

CHRISTOPHER WAYNE JELLIE

Appellant

AND

YING FUKUDA Respondent

On the papers
Appearances:	Applicant in person M Headifen for Respondent
Judgment:	11 February 2015

COSTS JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 11 February 2015 at 2:00 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

JELLIE v FUKUDA [2015] NZHC 138 [11 February 2015]

[1]      Following the dismissal of an appeal by Mr Jellie against a Family Court judgment,1 the respondent Ms Fukuda applies for costs.

[2]      In  accordance with the directions as to  costs made in the judgment,  the respondent has filed a costs memorandum.  The appellant has not responded despite ample opportunity to make submissions to the Court.

[3]      Ms Fukuda has been supported by legal aid but the grant in her favour is repayable and no payment by way of security for costs was ordered against the appellant.

[4]      On Ms Fukuda’s behalf, Mr Headifen applies for an award of costs in the sum of $7,064.91, including GST and reasonable disbursements.   The costs have been calculated at a relatively modest $171 per hour, including GST.

[5]      I am satisfied that it is appropriate to award costs as sought because:

(a)       The appeal was wholly unsuccessful and lacked any real prospect of success.

(b)The  appellant  was  guilty  of  delays  including  a  failure  to  meet timetable orders, which added to the costs burden on the respondent.

(c)       The additional costs included those attributable to the failure of the appellant to file his submissions in time.

(d)The appellant was self-represented, meaning the respondent carried an additional burden to present full factual and legal background to the

appeal.

1      Jellie v Fukuda [2014] NZHC 2593.

[6]      Accordingly, the appellant shall pay costs of $7,064.91, inclusive of GST and disbursements, to the respondent.

………………………..

Toogood J