YC v JL

[2018] NZHC 1253

NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B,

11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE

https://www.justice.govt.nz/family/about/restriction-on-publishing-judgments/

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-002546

[2018] NZHC 1253

UNDER

the Property (Relationships) Act 1976

IN THE MATTER

of an appeal against a decision of the Family Court at Manukau

BETWEEN

YC

Appellant

AND

JL

Respondent

Hearing:	On the papers
Judgment	31 May 2018

COSTS JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie On 31 May 2018 at 12.00pm

Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors/counsel:

K3 Legal Ltd, Auckland Simpson Western, Auckland

YC v JL [2018] NZHC 1253 [31 May 2018]

[1]I refer to my judgment issued on 27 April 2018.

[2]                 I gave judgment in favour of JL, and held that she was entitled to her costs on the appeal. I expressed the preliminary view that costs should be assessed on a 2B basis. I also recorded that JL was entitled to her reasonable disbursements.

[3]                 The parties were unable to reach agreement on costs. As a result, counsel acting for JL filed a memorandum, seeking costs of $10,258, ascertained on a category 2B basis.

[4]No response was received from YC.

[5]                 I asked the Registrar to chase up the matter, after the time fixed by me for the filing of a memorandum in response in my judgment had expired. As a result, YC filed a memorandum, advising that he did not oppose costs in the sum of $10,258.

[6]I make an award in that sum, against YC, and in favour of JL.

[7]                 Further, it should not have been necessary for JL to file a memorandum seeking costs, when ultimately, there was no opposition to the costs sought by YC. Nor should it have been necessary for the Registrar to chase up YC. I also direct that JL is entitled to her reasonable costs and disbursements, fixed on a 2B basis, for filing the memorandum seeking costs.

Wylie J