PERKINS v PIKE [2018] NZHC 2687

PERKINS v PIKE [2018] NZHC 2687

Costs were awarded against the executors, payable by the estate on a 2B basis, because the executors failed to engage with the caveator's solicitors which necessitated the caveator's application and the applicant's explanations did not alter that conclusion.

Source-derived case information.

Citation
[2018] NZHC 2687
Parties
Applicant (executor): Garry Vivian Perkins; Applicant (executor): Lindamary Perkins; Applicant (executor): Michael John Hockly; Caveator: Jane Elizabeth Pike; Caveator: Frances Drewell
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 October 2018
Procedural Posture
Probate / Estate / Costs Application (judgment on Costs)
Outcome
Costs awarded against the executors, payable by the estate, on a 2B basis.
Legal Topics
Costs Order, Engagement With Opposing Counsel, Order Nisi, Production of Testamentary Documents
Probate Civil Procedure Costs Costs Order Engagement With Opposing Counsel Order Nisi Production of Testamentary Documents

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Summary, issues, holding and outcome

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Parties

Garry Vivian Perkins

Applicant (executor)

Lindamary Perkins

Applicant (executor)

Michael John Hockly

Applicant (executor)

Jane Elizabeth Pike

Caveator

Frances Drewell

Caveator

Procedural Posture

Probate / Estate / Costs Application (judgment on Costs)

Legal Issues

  1. 1 Whether costs should be awarded against the executors
  2. 2 Whether lack of engagement with caveators justified an award of costs
  3. 3 Appropriate scale of costs (2B)

Ratio Decidendi

Costs were awarded against the executors, payable by the estate on a 2B basis, because the executors failed to engage with the caveator's solicitors which necessitated the caveator's application and the applicant's explanations did not alter that conclusion.

Court Disposition

Costs awarded against the executors, payable by the estate, on a 2B basis.

Orders

  • Costs against the executors, payable by the estate, on a 2B basis as set out in the memorandum of counsel for the caveator.