WILKINSON v WILKINSON [2017] NZHC 667

WILKINSON v WILKINSON [2017] NZHC 667

Applicants are entitled to costs on a 2B basis; the claimed costs are appropriate subject to a 10% reduction for matters including minor attendances for codicil correction; mileage and parking disbursements are disallowed; an interested person not a named party is not entitled to costs.

Citation
[2017] NZHC 667
Parties
Applicant/respondent: David William Wilkinson; Applicant/respondent: John Duncan Landers; Caveator: Ann Wilkinson; Interested Party: Patricia Wilkinson; Deceased: William Louis Wilkinson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 April 2017
Procedural Posture
Probate Under Wills Act 2007 and Administration Act 1969 / Application for Order Nisi for Probate; Costs Assessment After Order Nisi/absolute
Outcome
Applicants awarded costs on a 2B basis with a 10% reduction; mileage and parking disbursements disallowed; no costs awarded to Patricia Wilkinson.
Legal Topics
Order Nisi, Caveat, Costs Assessment, Codicil Correction, Standing
Probate Succession Civil Procedure Costs Order Nisi Caveat Costs Assessment Codicil Correction +1 more

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Parties

David William Wilkinson

Applicant/respondent

John Duncan Landers

Applicant/respondent

Ann Wilkinson

Caveator

Patricia Wilkinson

Interested Party

William Louis Wilkinson

Deceased

Procedural Posture

Probate Under Wills Act 2007 and Administration Act 1969 / Application for Order Nisi for Probate; Costs Assessment After Order Nisi/absolute

Legal Issues

  1. 1 Whether the successful applicants are entitled to costs
  2. 2 Appropriate quantum of costs and allowable disbursements (including travel, mileage and parking)
  3. 3 Whether an interested party not named should be awarded costs

Ratio Decidendi

Applicants are entitled to costs on a 2B basis; the claimed costs are appropriate subject to a 10% reduction for matters including minor attendances for codicil correction; mileage and parking disbursements are disallowed; an interested person not a named party is not entitled to costs.

Court Disposition

Applicants awarded costs on a 2B basis with a 10% reduction; mileage and parking disbursements disallowed; no costs awarded to Patricia Wilkinson.

Orders

  • Order for costs in terms of the applicants' schedule subject to a 10% reduction
  • Disallowance of claimed mileage and parking disbursements