MACNAMARA v MACNAMARA [2021] NZHC 715

MACNAMARA v MACNAMARA [2021] NZHC 715

The successful party, Sheryl Ann Macnamara, is entitled to costs on the 2B scale; the court exercised its discretion to reduce the award by 15 percent to reflect a peripheral unsuccessful unless order, resulting in an award of $9,852.78 to be paid by Noel James Macnamara.

Source-derived case information.

Citation
[2021] NZHC 715
Parties
Plaintiff / First Defendant: Sheryl Ann Macnamara; Defendant / Plaintiff: Noel James Macnamara; Trustee (macnamara Home Trust; Macnamara Family Trust): Graham Lincoln Wilfred Craig; Second Defendant (trust): Macnamara Home Trust; Third Defendant (trust): Macnamara Family Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 March 2021
Procedural Posture
Civil Trusts and Directions Application / Costs Judgment (on Papers)
Outcome
Costs awarded to Sheryl Ann Macnamara against Noel James Macnamara
Legal Topics
Trusts Administration, Directions Application, Costs Assessment, Unless Order
Trusts Civil Procedure Costs Trusts Administration Directions Application Costs Assessment Unless Order

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Parties

Sheryl Ann Macnamara

Plaintiff / First Defendant

Noel James Macnamara

Defendant / Plaintiff

Graham Lincoln Wilfred Craig

Trustee (macnamara Home Trust; Macnamara Family Trust)

Macnamara Home Trust

Second Defendant (trust)

Macnamara Family Trust

Third Defendant (trust)

Procedural Posture

Civil Trusts and Directions Application / Costs Judgment (on Papers)

Legal Issues

  1. 1 Entitlement to costs following directions applications
  2. 2 Quantum of costs and appropriate scale to apply
  3. 3 Whether costs should be limited to amounts agreed with independent trustees

Ratio Decidendi

The successful party, Sheryl Ann Macnamara, is entitled to costs on the 2B scale; the court exercised its discretion to reduce the award by 15 percent to reflect a peripheral unsuccessful unless order, resulting in an award of $9,852.78 to be paid by Noel James Macnamara.

Court Disposition

Costs awarded to Sheryl Ann Macnamara against Noel James Macnamara

Orders

  • Noel James Macnamara must pay Sheryl Ann Macnamara costs of $9,852.78 (reflecting 85% of $11,591.50 after a 15% deduction).