Kawana-Mouat v Mouat

[2018] NZHC 2123

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CIV-2018-441-013

[2018] NZHC 2123

UNDER

the Administration Act 1969 and the Succession (Homicide) Act 2007

IN THE MATTER

of an application to follow assets

BETWEEN

LAINE ANDREW KAWANA-MOUAT

Plaintiff

AND

SUSAN ELIZABETH MOUAT

Defendant

Counsel:	Ms G Hamlen-Williams for plaintiff Mr S Kang for defendant
Judgment:	17 August 2018

COSTS JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[On the papers]

[1]        In my substantive judgment in this matter dated 17 July 2018 I entered summary judgment for the plaintiff against the defendant. I reserved costs, indicating that my preliminary view was that the plaintiff was entitled to costs on a 2B basis but that if counsel were unable to agree as to costs — as has transpired — I would deal with them on the papers.

[2]        I now have memoranda from Ms Hamlen-Williams for the plaintiff (2) and Mr Kang for the defendant. The plaintiff seeks costs on a 2B basis of $13,826 plus disbursements of $1,400 totalling $15,226. The defendant resists such an order, contending for various reasons that any award of costs should be lower.

KAWANA-MOUAT v MOUAT [2018] NZHC 2123 [17 August 2018]

[3]        One point raised by Mr Kang has persuaded me that I should not simply award costs to the plaintiff on a 2B basis as I had originally anticipated doing. He reminds me that the core claim in this case was for less than $37,000 and therefore well within the District Court’s jurisdiction.

[4]        As the successful party the plaintiff is entitled to an award of costs. However, on balance I have reached the view that those costs should be the lesser of his actual costs or costs on a 2B basis under the District Court scale set out in Part 14 and Schedule 5 of the District Court Rules 2014, together with the disbursements based on District Court filing and sealing fees.

Associate Judge Johnston

Solicitors:

Chapman Tong Law, Wellington for plaintiff Fairbrother Family Law, Napier for defendant