Leeming v Leeming

[2023] NZHC 812

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-001325

[2023] NZHC 812

UNDER

Trusts Act 2019

IN THE MATTER OF

An application by the applicant for specific distribution from the estate of BARBARA ROSEMARY LEEMING

BETWEEN

DEAN EDWARD LEEMING

Applicant

AND

GARY SHELDON LEEMING and BRETT

RODERICK LEEMING as beneficiaries of the estate of BARBARA ROSEMARY

LEEMING

Respondents

Hearing:

On the papers

Counsel:

D A Wood and N M Rathod for Applicant P McKendrick for Respondents

A J Bell and J Thwaite for Gary and Brett Leeming (Personal capacity)

D A Watson for Tony Leeming (Interested party) R Rao for Todd Leeming and Claudia Hegley

Judgment:

18 April 2023

JUDGMENT OF ANDREW J

[Costs]

This judgment was delivered by Justice Andrew on 18 April 2023 at 12 noon

pursuant to r 11.5 of the High Court Rules 2016 Registrar / Deputy Registrar

Date ………………………….

LEEMING v LEEMING [2023] NZHC 812 [18 April 2023]

Introduction

[1]        In my judgment of 3 February 2023,1 I made orders for an interim distribution from the estate.

[2]        The parties have been unable to agree on the issue of costs. The Court has received a joint memorandum of all counsel except counsel for the applicant. The applicant, while opposing the orders sought in a joint memorandum, has not provided the Court with any reasons for his opposition.

[3]        I am satisfied that it is appropriate to make the orders sought in the joint memorandum of 27 March 2023. Accordingly, I make the following orders:

(a)The costs of the parties are to be met by the estate of the late Barbara Rosemary Leeming as follows:

(i)Costs and disbursements to the applicant, Dean Edward Leeming, in the sum of $13,778;

(ii)Costs and disbursements to the interested parties, Gary Sheldon Leeming and Brett Roderick Leeming, in the sum of

$12,538.00;

(iii)Costs of the interested party, Tony Leeming, in the amount of

$5,019.00;

(iv)Costs of the interested parties, Todd Leeming and Claudia Hegley, in the sum of $4,063.00.

Andrew J

1      Leeming v Leeming [2023] NZHC 85 3 February 2023.