DALLY v DOWDEN - Costs [2020] NZHC 2909

DALLY v DOWDEN - Costs [2020] NZHC 2909

The presumption that successful parties are entitled to a costs contribution applies; the family context and the plaintiffs' submissions did not displace that presumption and predictability/expedition principles required an award. Accordingly the plaintiffs were ordered to pay the defendants' claimed costs and disbursements in the specified amounts.

Citation
[2020] NZHC 2909
Parties
First Plaintiff: Cassandra Dally; Second Plaintiff: Valmay O'Brien; First Defendant: Anthony Simon Dowden; Second Defendant: Donna Harris
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 November 2020
Procedural Posture
Family Protection Act 1955 Claim (estate Litigation) / Costs Determination (judgment on Costs)
Outcome
Costs awarded to first and second defendants
Legal Topics
Family Protection Act, Costs Award, High Court Rules Application, Costs Discretion
Family Law Estate Litigation Civil Procedure Costs Family Protection Act Costs Award High Court Rules Application Costs Discretion

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Parties

Cassandra Dally

First Plaintiff

Valmay O'Brien

Second Plaintiff

Anthony Simon Dowden

First Defendant

Donna Harris

Second Defendant

Procedural Posture

Family Protection Act 1955 Claim (estate Litigation) / Costs Determination (judgment on Costs)

Legal Issues

  1. 1 Entitlement to costs by successful parties
  2. 2 Whether costs should lie where they fell given family context
  3. 3 Appropriate quantum of costs and disbursements

Ratio Decidendi

The presumption that successful parties are entitled to a costs contribution applies; the family context and the plaintiffs' submissions did not displace that presumption and predictability/expedition principles required an award. Accordingly the plaintiffs were ordered to pay the defendants' claimed costs and disbursements in the specified amounts.

Court Disposition

Costs awarded to first and second defendants

Orders

  • Cassandra Dally and Valmay O'Brien jointly and severally to pay Anthony Simon Dowden $18044.50 in costs
  • Cassandra Dally and Valmay O'Brien jointly and severally to pay Donna Harris $15862.50 in costs and $160 in disbursements