HOPKINS v BANKS [2021] NZHC 1367

HOPKINS v BANKS [2021] NZHC 1367

Applicants were, in substance, the successful party; respondent's lack of cooperation and obstructive conduct caused unnecessary delays and expense; taking into account family context and potential prejudice to creditors from personal liability, the appropriate order is scale costs of $22,741.50 plus disbursements of $1,135.33 to be paid from the respondent's share of the estate, with the balance of claimed costs borne by the applicants.

Citation
[2021] NZHC 1367
Parties
Applicant (executor): Noeline Hopkins; Applicant (executor): Lorraine Banks Foster; Respondent (executor): Douglas Banks
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 June 2021
Procedural Posture
Estate Administration S 19 Administration Act 1969 Application to Remove Executor / Costs Decision (judgment on Costs)
Outcome
Applicants awarded costs of $22,741.50 and disbursements of $1,135.33 to be paid from the respondent Douglas Banks' share of the estate
Legal Topics
Removal of Executor, Costs Assessment and Allocation, Estate Administration, Probate, Official Assignee Entitlement
Estate Law Civil Procedure Bankruptcy Law Removal of Executor Costs Assessment and Allocation Estate Administration Probate Official Assignee Entitlement

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Parties

Noeline Hopkins

Applicant (executor)

Lorraine Banks Foster

Applicant (executor)

Douglas Banks

Respondent (executor)

Procedural Posture

Estate Administration S 19 Administration Act 1969 Application to Remove Executor / Costs Decision (judgment on Costs)

Legal Issues

  1. 1 Whether applicants are entitled to costs
  2. 2 Whether costs can be paid from the bankrupt executor's share of the estate
  3. 3 Whether increased or indemnity costs are appropriate

Ratio Decidendi

Applicants were, in substance, the successful party; respondent's lack of cooperation and obstructive conduct caused unnecessary delays and expense; taking into account family context and potential prejudice to creditors from personal liability, the appropriate order is scale costs of $22,741.50 plus disbursements of $1,135.33 to be paid from the respondent's share of the estate, with the balance of claimed costs borne by the applicants.

Court Disposition

Applicants awarded costs of $22,741.50 and disbursements of $1,135.33 to be paid from the respondent Douglas Banks' share of the estate

Orders

  • Awarded costs to applicants in the sum of $22,741.50 to be paid from Douglas Banks' share of the estate
  • Awarded disbursements to applicants in the sum of $1,135.33 to be paid from Douglas Banks' share of the estate