| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA388/2015 [2016] NZCA 3 |
| BETWEEN | JANINE DAVINA SAX |
| AND | LUKE ANDREW SIMPSON LUKE ANDREW SIMPSON AND JANINE DAVINA SAX AS TRUSTEES OF THE LUKE AND JANINE SIMPSON FAMILY TRUST |
| Counsel: | Appellant in Person |
Judgment: (On the papers) | 27 January 2016 at 11.30 am |
JUDGMENT OF MILLER J
(Review of Registrar’s decision)
AThe applications to review the Registrar’s decision refusing to dispense with security for costs are dismissed.
BSecurity for costs in the sum of $5,880 must be paid into Court within 20 working days of the date of this decision.
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REASONS
Introduction
The appellant, Ms Sax, seeks review under s 7(2) of the Court of Appeal (Civil) Rules 2005 of two decisions of the Registrar dated 30 October 2015 and 2 November 2015 declining an application to dispense with security for costs.
Ms Sax’s substantive appeal is against the 26 June 2015 judgment of Brewer J concerning the use of a house purchased by the Luke and Janine Simpson Family Trust (the Trust).[1] Mr Simpson was successful in all his claims against Ms Sax and the Trust, and Ms Sax was successful in one of her claims against Mr Simpson. As the Judge concluded, however, there were “no winners” in the outcome.[2]
Background
[1]Simpson v Sax [2015] NZHC 1466, [2015] NZAR 1210.
[2]At [71].
The factual background to the proceedings between Mr Simpson and Ms Sax can be found in judgments of both this Court and the High Court. It suffices to say that, Mr Simpson and Ms Sax, having divorced in 2013, have an acrimonious relationship that has led to many Court proceedings between the two of them.
At issue in this proceeding is the occupation and upkeep of a house acquired by the Trust and used by Ms Sax and Mr Simpson as their matrimonial home before their separation. Justice Brewer made three orders in Mr Simpson’s favour. First, he found Mr Simpson was entitled to pursue Ms Sax for occupation rent for a period of 42 weeks during which she occupied the house and excluded him from exercising his right to occupy. That amounted to a sum of $9,450. Second, Brewer J ordered that the Trust pay Mr Simpson $7,168.73, being five per cent interest per annum for the period between 7 June 2013 (on which Mr Simpson had made demand for the repayment of a debt of $356,000 owed to him by the Trust) and 1 November 2013 (the date the debt was repaid to Mr Simpson). Third, the Judge found that Mr Simpson was entitled to be reimbursed $10,133.55 by the Trust for payments made towards the house’s maintenance and interest accrued on those sums.
Ms Sax’s counterclaim against Mr Simpson for occupation rent was also successful. Justice Brewer ordered Mr Simpson to pay Ms Sax $21,982.50 on the basis that he occupied the house to her exclusion for 97.7 weeks.[3]
[3]The two sums…
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- Sax v Simpson [2016] NZCA 3
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- [2016] NZCA 3
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