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.
- AGLC
- Leeming v Leeming [2023] NZHC 812
- Case
- [2023] NZHC 812
- Decision Date
CaseChat Overview and Summary
The court considered the submissions made in the joint memorandum and found that it was appropriate to make the orders sought by the memorandum. The reasoning behind the court's decision was that the costs should be borne by the estate of the deceased, as the proceedings were directly related to the distribution of the estate. The court made orders for the costs to be apportioned among the parties as follows: Dean Edward Leeming, as the applicant, was to receive $13,778; Gary Sheldon Leeming and Brett Roderick Leeming, as interested parties, were to receive $12,538; Tony Leeming, as another interested party, was to receive $5,019; and Todd Leeming and Claudia Hegley, as further interested parties, were to receive $4,063.
In summary, the court ruled that the costs of the proceedings should be met by the estate of Barbara Rosemary Leeming, and it made specific orders for the apportionment of those costs among the various parties involved. The final orders were that the costs and disbursements to the applicant, Dean Edward Leeming, were to be $13,778; to the interested parties, Gary Sheldon Leeming and Brett Roderick Leeming, were to be $12,538; to the interested party, Tony Leeming, were to be $5,019; and to the interested parties, Todd Leeming and Claudia Hegley, were to be $4,063. The court's decision was based on the reasoning that the costs should be borne by the estate of the deceased, as the proceedings were directly related to the distribution of the estate.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.