Roblin v Roblin

[2019] NZHC 917

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].