S v M

Case [2025] NZHC 486 12 March 2025

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NOTE: PURSUANT TO S 182 OF THE FAMILY VIOLENCE ACT 2018, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION,

PLEASE SEE https://www.justice.govt.nz/family/family-court/after-the-family- court/restrictions-on-publishing-information/

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-161

[2025] NZHC 486

BETWEEN
G S

Appellant

AND

L M

Respondent

Hearing: On the papers

Counsel:

Appellant in person

L Herbke for Respondent

Judgment:

12 March 2025

JUDGMENT OF WILKINSON-SMITH J

[Costs]

This judgment was delivered by me on 12/03/2025 at 3 pm Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Solicitors/Counsel:
Corban Revell, Auckland

Copy to Appellant.

G S v L M [2025] NZHC 486 [12 March 2025]

[1] On 10 February 2025 I issued a decision in favour of Ms M and ordered the parties to attempt to agree costs, or in the alternative to file memoranda as to costs in which case I indicated I will decide costs on the papers.

[2] I received a memorandum of costs dated 13 February 2025 on behalf of the respondent. The appellant has not filed any memorandum.

[3] Ms M was legally aided with respect to the proceedings. The costs invoiced to Legal Aid, including the costs of filing, amounts to $4,129.08 (including GST). Ms M has a prescribed repayment amount of $1,300 as a condition of her Legal Aid grant.

[4] A successful legally aided party is entitled to the full sum of the Legal Aid grant providing this is the same or less than the appropriate costs award calculated on a scale basis.1 I agree that the proceedings are appropriately categorised as 2B proceedings. Scale costs would be as follows:

[5] In this case, the actual cost invoiced to Legal Aid are less than the scale costs that would be awarded.

[6]I award costs against the appellant the amount of $4,129.08 (including GST).

1 Fa’Agutu v Derhamy [2020] NZHC 1374 at [21].

Wilkinson-Smith J

Details

AGLC: S v M [2025] NZHC 486
Case: [2025] NZHC 486
Decision Date: 12 March 2025

CaseChat Overview and Summary

This case involved an appeal by G S against a decision in favour of L M, which was decided on the papers. The appellant, G S, was unrepresented, while the respondent, L M, was represented by L Herbke. The appeal centred on the costs incurred during the proceedings, particularly those related to Legal Aid. Ms M had been legally aided throughout the proceedings, and the costs invoiced to Legal Aid, including filing costs, totalled $4,129.08, inclusive of GST. Ms M also had a prescribed repayment amount of $1,300 as a condition of her Legal Aid grant.

The primary legal issue before the court was the determination of costs in favour of the successful party, Ms M. The court had to consider whether the actual costs invoiced to Legal Aid were less than the scale costs that would be awarded under the appropriate category of proceedings. Additionally, the court needed to assess whether Ms M was entitled to the full sum of the Legal Aid grant since it was less than the calculated scale costs award.

The court considered that the proceedings were appropriately categorised as 2B proceedings. Under these proceedings, the scale costs would amount to a specific figure. The court found that the actual costs invoiced to Legal Aid were less than the scale costs that would be awarded. Consequently, the court ruled that Ms M was entitled to the full sum of the Legal Aid grant as it was less than the calculated scale costs award. The court awarded costs against the appellant in the amount of $4,129.08, including GST.

Orders