KFW v KBW

[2019] NZHC 2957

NOTE: PURSUANT TO S 125 OF THE DOMESTIC VIOLENCE ACT 1995, 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://www.justice.govt.nz/family/about/restriction-on-publishing-judgments/

ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF THE PARTIES AND THE CHILD(REN).

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2019-419-184

[2019] NZHC 2957

BETWEEN

KFW

Appellant

AND

KBW

Respondent

Hearing:	On the papers
Appearances:	D M O’Neill for the appellant TJT Kopua for the respondent
Judgment:	13 November 2019

JUDGMENT OF JAGOSE J

[Costs]

The judgment was delivered by me on 13 November 2019 at 1.00pm.

Pursuant to Rule 11.5 of the High Court Rules.

……………………………… Registrar/Deputy Registrar

Solicitors/Counsel:

David O’Neill Barrister, Hamilton Riverside Law, Hamilton

KFW v KBW - Costs [2019] NZHC 2957 [13 November 2019]

[1]                 My 15 October 2019 judgment took the preliminary view, as the successful party, KFW is entitled to 2B costs and disbursements.1

[2]                 That is accepted by KFW, who calculates costs in the amount of $14,171.50. To avoid incurring further legal expenses, KBW instructed his counsel not to respond.

[3]                 I expressly based my preliminary view on an apprehension “nothing in the steps taken by [KFW] in this averagely complex proceeding required other than a normal amount of time”. I have no reason to diverge from that view. I am satisfied KFW’s calculation is sound.

[4]I therefore order KBW to pay KFW costs in the amount of $14,171.50.

—Jagose J

1      KFW v KBW [2019] NZHC 2621 at [31].