Prakash v Gupta

[2024] NZHC 3285

NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B,

11C AND 11D OF THE FAMILY COURT ACT 1980

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-2188

[2024] NZHC 3285

BETWEEN

MR PRAKASH

Plaintiff

AND

MS GUPTA

Defendant

Hearing:

On the papers

Counsel:

Appellant in person

A E Ashmore and J M Attfield for Respondent

Judgment:

6 November 2024

JUDGMENT OF O’GORMAN J

This judgment was delivered by me on 6 November 2024 pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

…………………………………

Solicitors/Counsel:

Tagelagi & Attfield, Auckland A E Ashmore, Auckland

cc: Mr Prakash (self-represented)

PRAKASH v GUPTA [2024] NZHC 3285 [6 November 2024]

[1]        On 25 March 2024, I dismissed the appeal and observed that the respondent was entitled to costs. I invited the respondent to file and serve a memorandum within 10 working days and set a timetable for any reply to be filed by the appellant within a further 10 working days.

[2]        The respondent filed a memorandum seeking costs on 8 April 2024. No memorandum was filed by the appellant in reply. Unfortunately, these costs issues were not referred back to me for determination until today.

[3]        The respondent referred to the historic position that costs did not automatically follow the event for family disputes, but the more modern approach is to recognise that the successful party in property relationship cases can be expected to receive costs the same as would be awarded in civil litigation.1 On that basis, the starting point would be scale costs calculated on a 2B basis.

[4]        In this case, the respondent’s actual costs were much lower than 2B scale costs, because the respondent has been the recipient of legal aid. A successful legally aided party is entitled to costs of the full sum of the legal aid grant, provided this is the same or less than the appropriate costs award calculated on a scale basis.2

[5]        Accordingly, I award costs to the Legal Aid Agency in the sum of $6,072.86 (including GST and disbursements).

O’Gorman J

1      Johnson v Johnson [2016] NZHC 1606 at [38]; Campbell v Goldie [2019] NZHC 1573, [2019] NZFLR 125 at [47]; Lei v Yin [2024] NZFC 8913 at [154]; Barker v Harris [2022] NZFC 2178 at [161]; SB v DC, HC Auckland, CIV-2011-404-1005, 4 October 2011; P and B v Oranga Tamariki

— Ministry for Children [2018] NZHC 2562 at [9].

2      Body Corporate 207715 v McNish [2016] NZHC 475 at [4]; P and B v Oranga Tamariki — Ministry for Children, above n 1, at [7]; P and B v Oranga Tamariki-Ministry for Children [2018] NZHC 2165 at [36].