Newton v Dunasement

[2024] NZHC 2436

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2022-485-614211

[2024] NZHC 2436

UNDER

The Administration Act 1969

IN THE MATTER

Of an application in solemn form and Part 27 of the High Court Rules 2016

IN THE ESTATE OF

DOROTHY HELEN NEWTON

BETWEEN

MICHAEL GEORGE NEWTON

Applicant

AND

CHRISTINE ROBIN DUNASEMENT

Respondent

Hearing:	On the papers
Counsel:	W E Andrews for Applicant K I Bond for Respondent
Judgment:	28 August 2024

COSTS JUDGMENT OF MOORE J

This judgment was delivered by me on 28 August 2024 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: …………………………..

Solicitors:

Dawsons Lawyers, Botany

Braun Bond & Lomas Limited, Hamilton

NEWTON v DUNASEMENT [2024] NZHC 2436 [28 August 2024]

[1]    This judgment deals with an outstanding question of costs arising out of a decision I made adjourning this matter on 17 July 2024.

[2]    The background can be shortly stated. This proceeding concerns the validity of the last will of  the  late  Dorothy  Newton.  That  will  named  the  respondent, Ms Dunasement, who is the deceased’s daughter, as the executor and main beneficiary of the deceased’s estate. It is challenged by the applicant, Mr Newton, who is the deceased’s son.

[3]    The matter was set down for a hearing in solemn form on 18 July 2024 before me.  However, on 16 July 2024, Mr Bond filed a memorandum in his capacity as   Ms Dunasement’s newly instructed solicitor. He advised that he was unaware of the hearing and requested an adjournment.

[4]    Ms Andrews, for Mr Newton, advised that if the Court was minded to grant the application for an adjournment, she was instructed to seek full indemnity costs in relation to the adjournment application to be paid from the late Ms Newton’s estate.

[5]    Mr  Bond  has  now  filed   a   memorandum   advising   that   his   client,   Ms Dunasement, does not oppose an order to this effect.

[6]I accordingly make an order that Mr Newton is entitled to indemnity costs of

$1,000 plus GST to be paid from the late Ms Newton’s estate.

Moore J