YOUNG v YOUNG [2021] NZHC 369

YOUNG v YOUNG [2021] NZHC 369

Ella Young, as the successful party, was entitled to costs against Jina Kim. Costs in the Property Law Act proceeding were assessed on the 2B scale with specific disallowances and arithmetic corrections, resulting in $40,027.00; costs for the Family Court phase were awarded at the claimed legal aid repayment of $5,516.00. Costs-on-costs claims were denied and the respondent's impecuniosity did not justify any abatement. Total award $45,543.00.

Citation
[2021] NZHC 369
Parties
Plaintiff; Second Defendant (in Related Proceeding): Ella Victoria Young; First Defendant: Shane Matiu Young; Second Defendant; Plaintiff (in Related Proceeding): Jina Kim
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 March 2021
Procedural Posture
Costs Application Following Determination of Property Law Act 2007 and Property (relationships) Act 1976 Proceedings / Post Judgment Costs Assessment
Outcome
Costs awarded to Ella Victoria Young against Jina Kim in the sum of $45,543.00
Legal Topics
Vesting Orders, Relationship Property Division, Costs Assessment (2 B Scale), Legal Aid Repayment, Impecuniosity and Costs
Property Law Family/relationship Property Civil Procedure Costs Vesting Orders Relationship Property Division Costs Assessment (2 B Scale) Legal Aid Repayment Impecuniosity and Costs

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Parties

Ella Victoria Young

Plaintiff; Second Defendant (in Related Proceeding)

Shane Matiu Young

First Defendant

Jina Kim

Second Defendant; Plaintiff (in Related Proceeding)

Procedural Posture

Costs Application Following Determination of Property Law Act 2007 and Property (relationships) Act 1976 Proceedings / Post Judgment Costs Assessment

Legal Issues

  1. 1 Whether successful party entitled to costs against unsuccessful party in both proceedings
  2. 2 Appropriate scale and quantum of costs (2B assessment)
  3. 3 Whether impecuniosity of respondent justifies reduction or abatement of costs

Ratio Decidendi

Ella Young, as the successful party, was entitled to costs against Jina Kim. Costs in the Property Law Act proceeding were assessed on the 2B scale with specific disallowances and arithmetic corrections, resulting in $40,027.00; costs for the Family Court phase were awarded at the claimed legal aid repayment of $5,516.00. Costs-on-costs claims were denied and the respondent's impecuniosity did not justify any abatement. Total award $45,543.00.

Court Disposition

Costs awarded to Ella Victoria Young against Jina Kim in the sum of $45,543.00

Orders

  • Order awarding costs of $40,027.00 to Ella Victoria Young in respect of the Property Law Act proceeding
  • Order awarding costs of $5,516.00 to Ella Victoria Young in respect of the Property (Relationships) Act/Family Court phase