MacNamara v MacNamara

[2021] NZHC 715

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-000404

[2021] NZHC 715

BETWEEN

SHERYL ANN MACNAMARA

Plaintiff

AND

NOEL JAMES MACNAMARA

Defendant

CIV-2020-404-000646

BETWEEN

NOEL JAMES MACNAMARA
Plaintiff

AND

SHERYL ANN MACNAMARA

First Defendant

SHERYL ANN MACNAMARA, NOEL JAMES MACNAMARA and

GRAHAM LINCOLN WILFRED CRAIG
as trustees of the Macnamara Home Trust Second Defendants

SHERYL ANN MACNAMARA, NOEL JAMES MACNAMARA and

GRAHAM LINCOLN WILFRED CRAIG

as trustees of the Macnamara Family Trust Third Defendants

Hearing:	On the papers
Judgment:	31 March 2021

COSTS JUDGMENT OF DOWNS J

This judgment was delivered by me on Wednesday, 31 March 2021 at 3 pm

pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

MACNAMARA v MACNAMARA [2021] NZHC 715 [31 March 2021]

[1]                 On 16 February this year, I dismissed Mr Macnamara’s application for directions and upheld an application for directions by the independent trustees.1     Mrs Macnamara opposed  the  former  and  supported  the  latter.  So,  contrary  to Mr Macnamara’s submission, Mrs Macnamara was successful. She is therefore entitled to (2B) scale costs.

[2]                 Mr Macnamara argues these should be no greater than the costs he has agreed to pay the independent trustees. There are two answers to this submission. First, the agreed costs are conservative. Second, Mrs Macnamara shouldered the burden of the litigation before me. This is reflected in the costs incurred.

[3]                 Mr Macnamara observes Mrs Macnamara unsuccessfully sought an unless order against him. True, but this aspect was peripheral. It was not what the case was about. This is best addressed by deducting 15 percent of the costs otherwise payable by Mr Macnamara to Mrs Macnamara. Eighty-five percent of $11,591.50 is

$9,852.78.

[4]Mr Macnamara must pay Mrs Macnamara costs of $9,852.78.

……………………………..

Downs J

Solicitors/Counsel:

Shieff Angland, Auckland.

Claymore Partners Ltd, Auckland. LeeSalmonLong, Auckland.

LJ Kearns, Auckland.

B O’Callahan, Auckland.

1      Macnamara v Macnamara [2021] NZHC 173.