SG v DSG

[2018] NZHC 2859

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000902

CIV-2018-404-001137 [2018] NZHC 2859

BETWEEN

SG

Applicant

AND

DSG

Respondent

Judgment: 6 November 2018

JUDGMENT OF COURTNEY J

[Costs]

This judgment was delivered by Justice Courtney on 6 November 2018 at 10.30 am

pursuant to R 11.5 of the High Court Rules Registrar / Deputy Registrar

Date ……………………..

SG v DSG [2018] NZHC 2859 [6 November 2018]

[1]                  In my decision of 27 August 2018, I dismissed Mr G’s application for an order dismissing this proceeding on forum non conveniens grounds. I invited the parties to address the issue of costs by memoranda, which they have done.

[2]                  The plaintiff seeks costs on a 2B basis, which she calculates at $8,472. The defendant accepts that, in the usual course, costs on a 2B basis would be appropriate. However, counsel invites me to reduce the costs on the basis that the proceedings could have been brought more inexpensively in the Family Court, where the daily recovery rate for a 2B case is much less. I decline to do so. The question of which court was most appropriate was considered earlier in this proceeding. In his minute of 24 May 2018, Lang J recorded that he had raised the issue with counsel and had been advised by the plaintiff’s counsel, Ms Twentyman, that, on her research, the High Court has been the usual forum for cases involving disputes over children residing overseas. Lang J did not record any opposition to that assertion from the defendant’s counsel. I accept that the proceeding has been properly brought in this Court and that 2B costs on the High Court scale are appropriate.

P Courtney J