Kyle v Bowen

[2017] NZHC 1359

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-001844 [2017] NZHC 1359

BETWEEN

KYLE

Appellant

AND

BOWEN Respondent

Hearing:	On the papers
Judgment:	20 June 2017

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 20 June 2017 at 4.30 pm

pursuant to R 11.5 of the High Court Rules

Registrar / Deputy Registrar

Date………………………

KYLE v BOWEN [2017] NZHC 1359 [20 June 2017]

[1]      In my decision of 19 December 2016 I granted the appellant leave to appeal from Judge Pidwell’s decision regarding schooling arrangements for the parties’ son, X, but dismissed the appeal.  The respondent has applied for costs.  I note that the memorandum by counsel for the respondent was filed on 3 April 2017 and the reply by the appellant’s counsel on 23 May 2017.   Regrettably, an error in the Registry meant that the matter was not referred to me promptly.

[2]      The respondent seeks costs on a 2B basis, which she calculates at $9,366 together with disbursements of $200.   Mr Ashmore, for the appellant, does not quarrel with the calculation of costs.  He does, however, invite me to reduce the costs on the basis that, although the appellant was ultimately successful, there were errors in the original judgment that led to my granting leave to appeal.  I am not satisfied that this fact does justify a reduction in the costs in this case.  It is evident from the issues raised in argument and the extent of information provided to me that this appeal put both parties to considerable cost.   The errors in the Judge’s original decision were not serious errors, even though I considered they justified a re- assessment of the position.  But overall, there is no basis for reducing the costs that would normally follow the outcome.

[3]      There are to be costs on a 2B basis in favour of the respondent in accordance

with Ms McCabe’s memorandum dated 24 March 2017.

P Courtney J