AAR v PFN [2015] NZHC 330

AAR v PFN [2015] NZHC 330

The Court held that a Family Court Judge lawfully may determine Part 4 interlocutory applications at a judicial conference; on the facts the Judge was entitled to dismiss the discovery and interrogatory applications; the respondent was entitled to costs both as beneficiary and as administrator; beneficiary costs of $10,458 are to be deducted from the appellant's distribution and administrator costs of $9,065 are to be paid out of the estate generally, with assessment conducted by reference to the High Court Rules scale.

Citation
[2015] NZHC 330
Parties
Appellant: AAR; Respondent (personal Capacity): PFN; Respondent (administrator of the Deceased's Estate): PFN
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 March 2015
Procedural Posture
Appeal Under the Family Protection Act 1955 Concerning Interlocutory Orders and Estate Administration / Costs Judgment Following Dismissal of Interlocutory Appeal
Outcome
Costs awarded to respondent; appellant ordered to pay beneficiary costs which are to be deducted from her share of the estate; costs of administration ordered to be paid from the estate generally.
Legal Topics
Interlocutory Orders, Judicial Conference Powers, Discovery and Interrogatories, Duties and Conduct of Administrators/executors, Assessment and Incidence of Costs
Family Law Probate/estate Law Civil Procedure Costs Interlocutory Orders Judicial Conference Powers Discovery and Interrogatories Duties and Conduct of Administrators/executors +1 more

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Parties

AAR

Appellant

PFN

Respondent (personal Capacity)

PFN

Respondent (administrator of the Deceased's Estate)

Procedural Posture

Appeal Under the Family Protection Act 1955 Concerning Interlocutory Orders and Estate Administration / Costs Judgment Following Dismissal of Interlocutory Appeal

Legal Issues

  1. 1 Whether a Family Court Judge may determine Part 4 interlocutory applications at a judicial conference
  2. 2 Whether the administrator may take an adversarial role when her conduct is challenged
  3. 3 Whether costs should be awarded and whether they should be paid out of the estate or by the appellant personally

Ratio Decidendi

The Court held that a Family Court Judge lawfully may determine Part 4 interlocutory applications at a judicial conference; on the facts the Judge was entitled to dismiss the discovery and interrogatory applications; the respondent was entitled to costs both as beneficiary and as administrator; beneficiary costs of $10,458 are to be deducted from the appellant's distribution and administrator costs of $9,065 are to be paid out of the estate generally, with assessment conducted by reference to the High Court Rules scale.

Court Disposition

Costs awarded to respondent; appellant ordered to pay beneficiary costs which are to be deducted from her share of the estate; costs of administration ordered to be paid from the estate generally.

Orders

  • The appellant shall pay the respondent's costs as a beneficiary in the sum of 10458 NZD and that sum is authorised to be paid out of the estate by deducting an equivalent amount from the appellant's distribution.
  • The respondent's costs as administrator in the sum of 9065 NZD shall be paid out of the estate generally.