TRS v NJW

[2019] NZHC 1758

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 judgments/

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV 2018-419-0282

[2019] NZHC 1758

BETWEEN

TRS

Appellant

AND

NJW

Respondent

Hearing:	On the papers
Appearances:	No appearance for the appellant S E Hyde for the respondent
Judgment:	24 July 2019

JUDGMENT OF JAGOSE J

[Costs]

This judgment was delivered by me on 24 July 2019 at 4.00pm

Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

Counsel/Solicitors:

Christopher Earl, Barrister, Hamilton Niemand Peebles Hoult, Hamilton

TRS v NJW [2019] NZHC 1758 [24 July 2019]

[1]                  My judgment of 28 February 2019, dismissing TRS’s appeal against a protection order made under the Domestic Violence Act 1995 (the “Act”) in favour of NJW, took the preliminary view TRS was liable to NJW for 2B costs.1 If not agreed, responsive memoranda were to be filed and served at five working day intervals after my judgment.

[2]                  In the event, NJW’s counsel filed a memorandum dated 25 March 2019, calculating 2B costs at $12,655.25, but (given HCR 14.2(1)(f)’s principle “an award of costs should not exceed the costs incurred by the party claiming costs”) properly acknowledges NJW’s legally-aided costs are $2,807.38, which are claimed instead.

[3]TRS has not responded, despite the Registry’s enquiry.

[4]                  I see no reason to divert from my preliminary view (although I would not have allowed for preparation of the case on appeal, as falling to the appellant to prepare, reducing 2B costs to $10,425.25)2. I therefore order TRS to pay NJW costs in the amount of $2,807.38.

—Jagose J

1      TRS v NJW [2019] NZHC 292 at [24].

2      High Court Rules 2016, Sch 6, cl 8,