MILNE v PARTINGTON 2022 NZHC 194

MILNE v PARTINGTON 2022 NZHC 194

Defendants were entitled to costs on a 2B scale because rejecting the plaintiff's $600,000 offer on 25 January 2021 was reasonable given executors' duty to obtain market value and evidence that the market value in 2021 was substantially higher; second counsel costs were disallowed; costs and disbursements were...

Source-derived case information.

Citation
2022 NZHC 194
Parties
Plaintiff: Allison Milne; Defendant (executor and Administrator of the Estate): Barbara Ellen Partington; Defendant (executor and Administrator of the Estate): Warren John Partington
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 February 2022
Procedural Posture
Specific Performance (contract) / Costs Judgment (post Trial)
Outcome
Plaintiff ordered to pay defendants costs and disbursements
Legal Topics
Specific Performance, Unconscionable Bargain, Costs, Executors' Duties, Settlement Offers
Contract Equity Trusts and Estates Civil Procedure Property Specific Performance Unconscionable Bargain Costs +2 more

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Parties

Allison Milne

Plaintiff

Barbara Ellen Partington

Defendant (executor and Administrator of the Estate)

Warren John Partington

Defendant (executor and Administrator of the Estate)

Procedural Posture

Specific Performance (contract) / Costs Judgment (post Trial)

Legal Issues

  1. 1 Whether defendants failed without reasonable justification to accept the plaintiff's settlement offer under High Court Rules r 14.7
  2. 2 Appropriate costs band (2B v 2A) and calculation of costs
  3. 3 Recoverability of second counsel fees

Ratio Decidendi

Defendants were entitled to costs on a 2B scale because rejecting the plaintiff's $600,000 offer on 25 January 2021 was reasonable given executors' duty to obtain market value and evidence that the market value in 2021 was substantially higher; second counsel costs were disallowed; costs and disbursements were reduced by disallowing item 35 resulting in an award of $61,221.02 to defendants.

Court Disposition

Plaintiff ordered to pay defendants costs and disbursements

Orders

  • Plaintiff ordered to pay defendants costs and disbursements amounting to $61,221.02, being Schedule A to defendants' memorandum dated 2 August 2021 less item 35
  • Costs awarded on a 2B basis