MAHON v MAHON [2015] NZHC 2171

MAHON v MAHON [2015] NZHC 2171

The court applied the general rule that costs follow the event, fixed costs on the Category 2B scale, declined to award increased costs despite a late settlement offer, ordered costs against the plaintiffs in favour of John Mahon with disbursements to be fixed by the Registrar, and directed that any dispute over the executors' indemnity costs be referred to Associate Judge Christiansen.

Citation
[2015] NZHC 2171
Parties
First Plaintiff: Susan Elizabeth Mahon; Second Plaintiff: David William Mahon; Second Plaintiff: Rachael Mahon; First Defendant: John Roy Mahon; First Defendant: Donald Colin Grant McKinnon; Second Defendant: John Roy Mahon; Second Defendant: Roger Newton Stanich
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 September 2015
Procedural Posture
Estate Matter: Application for Declaration of Constructive Trust and Family Protection Act Claim / Costs Decision (post Trial)
Outcome
Costs awarded against the plaintiffs in favour of John Mahon on a Category 2B basis with disbursements; costs of the executors and the Melva Mahon Inheritance Trust previously determined; any dispute over executors' indemnity costs to be referred to Associate Judge Christiansen.
Legal Topics
Constructive Trust, Family Protection Claims, Costs, Indemnity Costs, Settlement Offers
Equity Trusts Estate/probate Family Protection Act Civil Procedure (costs) Constructive Trust Family Protection Claims Costs +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Susan Elizabeth Mahon

First Plaintiff

David William Mahon

Second Plaintiff

Rachael Mahon

Second Plaintiff

John Roy Mahon

First Defendant

Donald Colin Grant McKinnon

First Defendant

John Roy Mahon

Second Defendant

Roger Newton Stanich

Second Defendant

Procedural Posture

Estate Matter: Application for Declaration of Constructive Trust and Family Protection Act Claim / Costs Decision (post Trial)

Legal Issues

  1. 1 Whether costs should follow the event
  2. 2 Appropriate category of costs under the High Court rules (2B)
  3. 3 Whether a late settlement offer justified increased costs

Ratio Decidendi

The court applied the general rule that costs follow the event, fixed costs on the Category 2B scale, declined to award increased costs despite a late settlement offer, ordered costs against the plaintiffs in favour of John Mahon with disbursements to be fixed by the Registrar, and directed that any dispute over the executors' indemnity costs be referred to Associate Judge Christiansen.

Court Disposition

Costs awarded against the plaintiffs in favour of John Mahon on a Category 2B basis with disbursements; costs of the executors and the Melva Mahon Inheritance Trust previously determined; any dispute over executors' indemnity costs to be referred to Associate Judge Christiansen.

Orders

  • Order for costs against the plaintiffs in favour of John Mahon on a 2B basis with disbursements to be fixed by the Registrar.
  • Costs of the executors and the Melva Mahon Inheritance Trust already dealt with by Associate Judge Christiansen (Mahon v Mahon [2014] NZHC 1430).