Rais v Rais

[2019] NZHC 2585

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-000906

[2019] NZHC 2585

UNDER

Care of Children Act 2004

IN THE MATTER

of an appeal against the decision of the Family Court pursuant to section 143 of the Care of Children Act 2004.

BETWEEN

SID ALI RAIS

Appellant

AND

IRINA RAIS

Respondent

On the papers	At Auckland
Judgment:	14 October 2019

JUDGMENT OF POWELL J

[on Costs]

This judgment was delivered by me on 14 October 2019 at 12 noon pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Solicitors/Counsel:      L Kearns, Auckland
Copy:  S Rais

SID ALI RAIS v IRINA RAIS [2019] NZHC 2585 [14 October 2019]

[1]                 On 6 August 2019 this appeal was struck out on the application of the respondent, Irina Rais, following the non-appearance of the appellant, Sid Ali Rais, and the breach of various timetable orders, including the failure to pay security for costs as directed.

[2]                 I also indicated that Ms Rais was entitled to costs and indicated that these would be fixed following the filing of memoranda within  ten  days.  Counsel  for  Ms Rais filed submissions as directed, seeking costs on a 2B basis in the sum of $5,019 together with disbursements of $250, a total of $5,269.

[3]                 No response was filed on behalf of the appellant and in the circumstances I agree that the costs sought are appropriate, and make the order as sought.

Decision

[4]                 The appellant Sid Ali Rais is to pay the respondent Irina Rais costs in the sum of $5,019 together disbursements of $250, a total of $5,269.

Powell J