Tomar v Tomar

[2021] NZHC 2985

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-815

CIV-2020-404-976 [2021] NZHC 2985

BETWEEN

VIN TOMAR

Appellant

AND

MONIKA TOMAR

Respondent

Hearing:

On the papers

Appearances:

Appellant in person

K L Hoult for Respondent

Judgment:

9 November 2021

JUDGMENT OF LANG J

[on costs]

This judgment was delivered by me on 9 November 2021 at 3.30 pm, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date ……………….

TOMAR v TOMAR [2021] NZHC 2985 [9 November 2021]

[1]                  On 10 September 2021 I delivered a decision in which I dismissed all but two of the grounds raised by Mr Tomar in two appeals  against  decisions  made  by Judge D A Burns in the Family Court.1

[2]I am now required to determine costs on the two appeals.

[3]                  On Ms Tomar’s behalf Ms Hoult sought costs on a Category 2B basis because she contended Ms Tomar was the successful party overall on the two appeals. This reflected the conclusion I reached at the end of my judgment.2

[4]                  Ms Hoult initially sought costs in the sum of $47,561. This sum was calculated in accordance with a schedule attached to a memorandum that Ms Hoult filed on    24 September 2021.

[5]                  Before calling on Mr Tomar to respond I referred Ms Hoult’s memorandum to Mr Tony Mortimer, the Registrar at Auckland, so that he could check to ensure the steps for which costs were sought in the schedule had in fact been taken. After receiving Mr Mortimer’s report I issued a minute on 11 October 2021 setting out concerns I held as a result of matters raised by Mr Mortimer.

[6]                  In a memorandum filed on 21 October 2021 Ms Hoult conceded that some of my concerns were justified. She amended her claim to reduce the costs sought to the sum of $35,611. These were calculated in accordance with an amended schedule attached to the memorandum. For ease of reference I attach the amended schedule to this judgment.

[7]                  Mr Tomar has not responded in any substantive way to the application for costs. He opposes costs being awarded and has foreshadowed that he will seek leave to appeal against any decision I may make in favour of Ms Tomar.

[8]                  Ms Tomar was clearly the successful party in the proceeding and is entitled to an award of costs on a category 2B basis as a result. The matters contained in

1      Tomar v Tomar [2021] NZHC 2353.

2 At [96].

Ms Hoult’s memorandum dated 21 October 2021 satisfy me that the costs now sought on Ms Tomar’s behalf are justified. I therefore award costs in favour of Ms Tomar in the sum of $35,611.

Lang J

SCHEDULE 1

Tomar v Tomar - CIV-2020-404 815 & CIV.2020-404.976

Table for 28 •=«+•

(a)	53	Commencement of response to appeal -
FiTing of Me norandum gf §ounseI for
Respondent on 25 June 7020 łCl\/ 8\ 5]
(b)	53
żespondent on 18 June 2021 (CIV 976)
{c)	S4 - 10	Preparalion for first całe management	0.4
conference    held    on    30 June 2030
(inCTuding dłicussion ąbout diwgyery)
filing     Memorandum    for    first     or suhsequent       case	0.4

conference or mentions hearing - Memorandum of Counsel for Respondent dated 2S Jvne 2020

"* •G        yVV, •,.•V •.   ..,•. ..•..•   ..••....#   •.    •.• .. . - ..• callover on 30 fune 2020, 14 AprJl 2021,

22 June 2021, 18 Augusr 2021, 25 August

Ig)     S4 - l1

(h)     54 - 1I

{i)      S4 - 11

Appearance at first or subsequent case management conference

Filing memorandum —Memorandum of Coun\¢I a\ to CoSu Arising from In\er!oculory Application to Adduce Evidence dated I4 September 20?0

£iling rnemorandum  -  Memorandum of

14 October

hifing mernorandum - Memorandum Of

Coursel for fvls Tomar dated 7 April ?^?ł Preparation  of  wrinen  submission\ -

0.3

0.4

0 4

I.S

(I)         11

(m)       56

submissions of Counsel for Ms Tomar for Costs Ari ing from nterlocutorY Applications to Adduce Further Evidence dated 13 April 202a

filing opposition to inter!•*^* °* application — NotiC6 Ofo pposition dated 18 June ?021

fiiling memorandum - Memorandum ef counsel for toe Respondent dated  IB June 20Z 1

Preparation ,] written submissions -

memorandum of Counsel for MS TOMBS dated 16 Arr • nazi dciv 815 and 976, submissions In opposition tO Vacating

hearin8)

0.6

0.A

(nj        56

Preparation of written submissio•• -           3

Additional Submissions of Coun5el for Ms

Tomar (CIV 815)

(p)        56

(r)         57

{s)        S4 - 11

Justice M9o£g dated 20 AU u st 2021,

dated 23 August 202 1

Filing memOr&»dvm — Memorandum of Counsel for the Respondent in Response to Application by the Appellant to ”8^ ° to Adduce Further Evidence* dated 30 Aueu› t 2021, d«t•u 31 August 2021

appearance at hearing Io F @lP O¥ principal counsel - 2 September 2021 (one-day hearlngl

Filing memorandum - Memorandum of Counsel for Ms Tomar in reply to the Minute a! His HOnO»‹ Justice Lang dated

0.4

1

0.2

8 September 2021. dated 8 September

ÏOtgl=  14.9

x țî,390.00

t3I,611.00