STANLEY AND CHERIE MATCHITT V THE EXECUTORS OF THE ESTATE OF RAHARUHI TE MOMO HC GIS CIV 2012-416-000183

STANLEY AND CHERIE MATCHITT V THE EXECUTORS OF THE ESTATE OF RAHARUHI TE MOMO HC GIS CIV 2012-416-000183

The plaintiffs were entitled to costs for the application to obtain a sale order to enforce unchallenged judgments; the defendants' opposition did not provide sufficient basis to deny costs because they had opportunities to inquire or apply to set judgment aside, and an uplift was refused because the plaintiffs did...

Source-derived case information.

Citation
openlaw-0092d22a_c778_486b_b7d3_0d080f821480.pdf
Parties
Plaintiffs: Stanley and Cherie Matchitt; Defendants: The Executors of the Estate of Raharuhi Te Momo
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 March 2013
Procedural Posture
Application for Order for Sale to Enforce Judgments / Costs Determination Following Grant of Sale Order
Outcome
Defendants ordered to pay plaintiffs costs on a scale 2B basis for all steps related to the application for leave to issue a sale order
Legal Topics
Order for Sale, Charging Orders, Costs Entitlement and Uplift, Default Judgment, Executors' Duties
Enforcement of Judgment Probate and Estates Civil Procedure Costs Law Order for Sale Charging Orders Costs Entitlement and Uplift Default Judgment +1 more

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Parties

Stanley and Cherie Matchitt

Plaintiffs

The Executors of the Estate of Raharuhi Te Momo

Defendants

Procedural Posture

Application for Order for Sale to Enforce Judgments / Costs Determination Following Grant of Sale Order

Legal Issues

  1. 1 Whether the plaintiffs are entitled to costs for the application to enforce judgment by sale
  2. 2 Whether the defendants' opposition justified denial or reduction of costs
  3. 3 Whether an uplift to standard scale costs is appropriate under Holdfast

Ratio Decidendi

The plaintiffs were entitled to costs for the application to obtain a sale order to enforce unchallenged judgments; the defendants' opposition did not provide sufficient basis to deny costs because they had opportunities to inquire or apply to set judgment aside, and an uplift was refused because the plaintiffs did not provide evidence to quantify extra costs or justify the level of uplift.

Court Disposition

Defendants ordered to pay plaintiffs costs on a scale 2B basis for all steps related to the application for leave to issue a sale order

Orders

  • Defendants to pay plaintiffs costs on a scale 2B basis in relation to all steps taken in respect of the application for leave to issue a sale order, including the plaintiffs' memorandum responding to the defendants' opposition on costs.