Lange v Lange

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CIV-2019-488-60

[2020] NZHC 3409

UNDER the Trans-Tasman Proceedings Act 2010

IN THE MATTER

of a judgment registered pursuant to s 57 of the Act

BETWEEN

DEBRA GISELLA LANGE

Applicant

AND

TERRY CECIL LANGE

First Respondent

MARIA ANN LANGE-TUPE

Second Respondent

Hearing: On the papers

Counsel:

M R Walker and B B Gresson for the Applicant C J LaHatte for the Respondents

Judgment:

18 December 2020

JUDGMENT OF GAULT J

(Costs)

This judgment was delivered by me on 18 December 2020 at 11:00 am pursuant to r 11.5 of the High Court Rules 2016.
Registrar/Deputy Registrar

……………………………………

Solicitors:
Mr M R Walker and Mr B B Gresson, Todd & Walker, Queenstown Mr C J LaHatte, Wellington
Ord Legal (Respondents’ instructing solicitor), Wellington

LANGE v LANGE [2020] NZHC 3409 [18 December 2020]

[1] My judgment of 30 September 2020 dismissed the respondents’ application for a stay and to set aside registration of a judgment of the Family Court of Western Australia,1 and said that the applicant is entitled to costs on a 2B basis.2

[2]The applicant seeks 2B costs of $8,484.50 plus disbursements of $873.60.

[3]The respondents neither oppose nor consent to the costs sought.

[4] I accept the applicant is entitled to 2B costs in relation to the items sought, totalling $8,484.50.

[5] The disbursements sought relate to flight and accommodation costs. In the circumstances, I do not consider these are recoverable.

Result

[6]The applicant is entitled to 2B costs of $8,484.50.

Gault J

1 Lange v Lange [2020] NZHC 2560.
2 At [57].

CaseChat Overview and Summary

Lange v Lange is a case where Debra Gisela Lange, the applicant, filed a case against Terry Cecil Lange and Maria Ann Lange-Tupe, the respondents. The case was registered in the High Court of New Zealand, Whangarei Registry, pursuant to the Trans-Tasman Proceedings Act 2010. The applicant seeks to enforce a family court judgment from Western Australia in New Zealand, and the respondents have opposed this application. The case was heard on the papers, and the applicant was represented by Mr M R Walker and Mr B B Gresson, while the respondents were represented by Mr C J LaHatte. The judgment was delivered by Gault J on 18 December 2020.

The primary legal issue before the court was whether the applicant was entitled to 2B costs of $8,484.50 plus disbursements of $873.60. The applicant argued that she was entitled to these costs as she had successfully enforced a foreign judgment in New Zealand. The respondents, on the other hand, did not oppose or consent to the costs sought by the applicant. The court had to determine whether the applicant was entitled to the costs claimed, and if so, whether the disbursements were recoverable.

The court found that the applicant was entitled to 2B costs in relation to the items sought, which totalled $8,484.50. However, the court did not consider the disbursements relating to flight and accommodation costs to be recoverable. The court accepted that the applicant had successfully enforced a foreign judgment in New Zealand, and as such, she was entitled to 2B costs. However, the court held that the disbursements were not recoverable as they did not relate to the enforcement of the judgment.

The court ordered that the applicant is entitled to 2B costs of $8,484.50. The court did not grant the disbursements sought by the applicant as they were not recoverable. The court's decision highlights the importance of enforcing foreign judgments in New Zealand and the entitlement to costs in such cases. The court's decision also emphasizes the need for careful consideration of the recoverability of disbursements in such cases.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Trans-Tasman Proceedings Act 2010
IN THE MATTER	of a judgment registered pursuant to s 57 of the Act
BETWEEN	DEBRA GISELLA LANGE Applicant
AND	TERRY CECIL LANGE First Respondent MARIA ANN LANGE-TUPE Second Respondent

Hearing:	On the papers
Counsel:	M R Walker and B B Gresson for the Applicant C J LaHatte for the Respondents
Judgment:	18 December 2020