Jones v Jones

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2022-042-52

[2024] NZHC 692

UNDER the Administration Act 1969

IN THE MATTER

of the ESTATE OF

BASIL RAYMOND JONES

BETWEEN

LAUREL DAWN JONES

Applicant

AND

CINDY MARIA JONES

First Respondent

AND

JASON RAYMOND JONES

Second Respondent

On the Papers

Counsel:

A M Halloran for Applicant

D R Weatherley for Respondents

Judgment:

26 March 2024

JUDGMENT OF ISAC J

[Costs]

[1] On 7 June 2023, I granted Ms Laurel Jones’ application for orders removing the respondents and herself as executors of the late Mr Basil Jones’ will, under s 21 of the Administration Act 1969.1 In the judgment I indicated I was minded to grant costs in favour of the applicant on a 2B basis. I directed parties to file memoranda if they were unable to reach agreement on costs.

1 Jones v Jones [2023] NZHC 1408.

JONES v JONES [2024] NZHC 692 [26 March 2024]

[2] On 19 September 2023, Counsel for the applicant filed a memorandum, applying for costs on a 2B basis. The total amount sought is $15,257.10, being costs of $13,025.50 with disbursements of $2,231.60.

[3] On 28 February 2023, the applicant’s memorandum was referred to me for consideration, there having been no memorandum filed in reply by the respondents. I issued a minute the same day indicating that the respondents should file any submissions on costs within five working days after which I proceed to issue judgment. The respondents did not take the opportunity to file submissions in opposition.

[4] Accordingly, I am satisfied there should be an award of costs in the applicant’s favour on a 2B basis given her application was successful. However, I do not grant the applicant the full $2,231.60 in disbursements sought. This sum includes $211.60 for research fees from the Wellington District Law Society Library. The cost of external research services is generally not recoverable as a disbursement.2

[5]I therefore award the applicant costs of $13,025.50 and disbursements of

$2,020.

Isac J

Solicitors:
Pitt & Moore, Nelson for Applicant
Young Hunter, Christchurch for Respondents

2David Bullock and Tim Mullins Costs textbook at 159, citing L v T HC Tauranga CIV-2011-470-00568 at [2(b)].

CaseChat Overview and Summary

The applicant, Laurel Dawn Jones, sought costs from the respondents, Cindy Maria Jones and Jason Raymond Jones, following a successful application to remove them as executors of their late father's estate under the Administration Act 1969. The case, which was heard in the High Court of New Zealand Nelson Registry, was an application for costs in relation to the earlier removal of the respondents as executors. The central legal issue was whether the applicant was entitled to costs on a 2B basis and, if so, how much of the claimed disbursements were recoverable.

The court considered the applicant's successful application to remove the respondents as executors and noted that the respondents did not oppose the application for costs. Given the absence of opposition, the court concluded that awarding costs to the applicant on a 2B basis was appropriate. However, the court did not grant the full amount of disbursements claimed by the applicant, specifically rejecting the cost of external research services from the Wellington District Law Society Library as not recoverable.

The court awarded the applicant costs of $13,025.50 and disbursements of $2,020, based on the principle that external research fees are generally not recoverable. The court's decision was based on the successful application for the removal of the respondents as executors and the absence of opposition to the costs application. The final order reflected a partial allowance of the disbursements claimed by the applicant, excluding the cost of external research services.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Administration Act 1969
IN THE MATTER	of the ESTATE OF BASIL RAYMOND JONES
BETWEEN	LAUREL DAWN JONES Applicant
AND	CINDY MARIA JONES First Respondent
AND	JASON RAYMOND JONES Second Respondent