Jones v Jones

[2024] NZHC 693

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2022-042-52

[2024] NZHC 693

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 693 [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)].