Treneary v Treneary HC New Plymouth CIV 2008-443-386

The High Court of New Zealand, New Plymouth Registry, presided over Christina Jan Treneary's appeal against a Family Court judgment. Christina, the appellant, sought costs totalling $7,225, which included fees charged by her former solicitors, disbursements for photocopying bundles of documents, and her travel and accommodation costs. The first and third respondents, Miles Arthur Treneary and Alyssa Treneary respectively, opposed any order for costs, with Mr. Wilson representing their interests. Alyssa, the third respondent, is legally aided, with the legal aid grant in the name of Ivy Treneary, the subject person, applied for in a representative capacity. The court concluded that Christina, as a lay litigant, is entitled to costs only up until the time she ceased to be legally represented. Christina ceased to be represented shortly before the appeal hearing, where she spoke to submissions prepared by her former counsel.

The court granted Christina costs on a scale 2B basis for steps 13-16 as set out in Schedule 3 to the High Court Rules. This includes $800.00 for the commencement of appeal, $640.00 for preparation for and appearance at the case management conference, and $1,600.00 for preparation for the appeal. Christina is also entitled to reasonable disbursements for photocopying the case on appeal and costs of travel and accommodation for the appeal hearing. The court directed Christina to submit a memorandum setting out these costs and disbursements for approval by the Registrar, supported by relevant receipts. In light of the legal aid grant to Alyssa Treneary, costs are ordered to be paid by the first respondent, Miles Arthur Treneary.