Penny v Penny
[2005] NZCA 156
•16 June 2005
IN THE COURT OF APPEAL OF NEW ZEALAND
CA236/04
BETWEENJOANNA MARIE PENNY AND IVAN CECIL JUSTIN POLSON
Appellants
ANDIAN DAVID PENNY AND ALEXANDER JAMES MCPHAIL
Respondents
Hearing:16 June 2005
Court:Chambers, O'Regan and Robertson JJ
Counsel:P F Whiteside for Appellants
D H Hicks for Respondents
Judgment:16 June 2005
JUDGMENT OF THE COURT
A By consent, the appeal is allowed.
BBy consent, the summary judgment entered in the High Court on 29 October 2004 is set aside and the proceeding is now remitted to the High Court to continue to its normal conclusion.
CWith respect to the appeal, the respondents must pay to the appellants costs of $6,000 plus usual disbursements.
DThe order for costs in the High Court is quashed. Costs in that court are reserved for determination by the judge who hears the substantive proceeding.
Solicitors:
Wynn Williams & Co, Christchurch, for Appellants
J L Pengelly, Christchurch, for Respondents
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