Roblin v Roblin

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2018-419-000254

[2019] NZHC 917

BETWEEN
GRANT DALE ROBLIN

Plaintiff

AND

IAN STUART ROBLIN

Defendant

On the papers

Judgment:

30 April 2019

COSTS JUDGMENT OF HINTON J

This judgment was delivered by me on 30 April 2019 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules

…………………………………………………………………… Registrar/Deputy Registrar

Counsel/Solicitors:
David O’Neill, Barrister, Hamilton Cooney Law, Cambridge

GRANT DALE ROBLIN v IAN STUART ROBLIN [2019] NZHC 917 [30 April 2019]

Introduction and background

[1] On 7 March of this year, I granted an application made by Mr Grant Roblin to remove his brother, Mr Ian Roblin, as trustee of their late mother’s estate.1 Ian Roblin did not participate at any stage, so the application proceeded by way of formal proof.

[2] In my judgment I ordered costs against Ian Roblin on a 2B basis, but I asked Mr O’Neill, counsel for Grant Roblin, to submit a schedule of these costs for approval. He has now done so.

[3] Mr O’Neill’s schedule of 2B scale costs comes to $26,202.50, together with disbursements of $1,572.00. This struck me as surprisingly high.

[4] Mr O’Neill rightly and responsibly notes that awarded costs may not exceed actual costs.2 The actual costs Grant Roblin has incurred are $15,143.20, plus the disbursements. I accept that those costs would have been reasonably incurred.

[5] I therefore order costs of $15,143.20, plus $1,572.00 in disbursements against Mr Ian Roblin.

Hinton J

1 Roblin v Roblin [2019] NZHC 374.
2 High Court Rules 2016, r 14.2(f); Taunoa v Attorney-General (2004) 8 HRNZ 53 (HC) at [45].

CaseChat Overview and Summary

The case of Roblin v Roblin [2019] NZHC 917 involved Grant Dale Roblin, the plaintiff, and Ian Stuart Roblin, the defendant. The dispute arose from the estate of their late mother, where Ian was serving as the trustee. The case was heard in the High Court of New Zealand, Hamilton Registry. The primary issue before the court was the determination of costs following the removal of Ian Roblin as trustee of the estate. The plaintiff, Grant Roblin, sought to have his brother removed from the trustee role and subsequently applied for costs.

The court was required to decide on the appropriate scale of costs to be awarded to the plaintiff. The court had to consider the schedule of costs submitted by the plaintiff's counsel, David O'Neill, and assess whether the awarded costs exceeded the actual costs incurred by the plaintiff. The High Court Rules 2016, rule 14.2(f) was relevant, as it stipulates that awarded costs must not exceed actual costs.

The court, Hinton J, examined the schedule of 2B scale costs amounting to $26,202.50, along with disbursements of $1,572.00, which was deemed surprisingly high. Counsel for the plaintiff, David O'Neill, noted that awarded costs may not exceed actual costs. The actual costs incurred by Grant Roblin were $15,143.20, plus the disbursements. The court accepted that these costs would have been reasonably incurred and ordered that costs of $15,143.20, plus $1,572.00 in disbursements, be awarded against Ian Roblin.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established