BELINDA BROWN v NICHOLAS BROWN AND ROBERT NAREV AS EXECUTORS AND TRUSTEES OF THE ESTATE OF RICHARD BROWN [2023] NZCA 102
The claimed amount of $13,479.64 was not fully justified; the court reduced the allowance for additional attendances from one day to one-half day, and ordered that the judgment be sealed and security released to Nicholas Brown.
Source-derived case information.
- Citation
- [2023] NZCA 102
- Parties
- Appellant: Belinda Brown; First Respondent: Nicholas Brown and Robert Narev as Executors and Trustees of the Estate of Richard Brown; Second Respondent: Nicholas Brown
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 6 April 2023
- Procedural Posture
- Civil Appeal / Costs Application on the Papers
- Outcome
- Partial costs allowed to Second Respondent; claimed amount not fully justified; allowance for additional attendances reduced to one-half day; judgment to be sealed and security released to Nicholas Brown.
- Legal Topics
- Costs Assessment, Sealing Judgment, Release of Security, Allowance for Attendances
Source-derived case record
Summary, issues, holding and outcome
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Parties
Belinda Brown
Appellant
Nicholas Brown and Robert Narev as Executors and Trustees of the Estate of Richard Brown
First Respondent
Nicholas Brown
Second Respondent
Procedural Posture
Civil Appeal / Costs Application on the Papers
Legal Issues
- 1 Whether the claimed costs of $13,479.64 were justified
- 2 Appropriate allowance for additional attendances (one day sought)
- 3 Whether judgment may be sealed and security released
Ratio Decidendi
The claimed amount of $13,479.64 was not fully justified; the court reduced the allowance for additional attendances from one day to one-half day, and ordered that the judgment be sealed and security released to Nicholas Brown.
Court Disposition
Partial costs allowed to Second Respondent; claimed amount not fully justified; allowance for additional attendances reduced to one-half day; judgment to be sealed and security released to Nicholas Brown.
Orders
- Allow one-half day for additional attendances (rather than one day).
- Judgment may be sealed.
Full Case Text
Judgment text and source record
1 paragraphs
BELINDA BROWN v NICHOLAS BROWN AND ROBERT NAREV AS EXECUTORS AND TRUSTEES OFTHE ESTATE OF RICHARD BROWN [2023] NZCA 102 [6 April 2023]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA333/2021[2023] NZCA 102BETWEEN BELINDA BROWNAppellantAND NICHOLAS BROWN AND ROBERTNAREV AS EXECUTORS ANDTRUSTEES OF THE ESTATE OFRICHARD BROWNFirst RespondentAND NICHOLAS BROWNSecond RespondentCourt: Miller, Brown and Clifford JJCounsel: M G Locke for AppellantNo appearance for First RespondentA H Waalkens KC and S A Beattie for Second RespondentNo appearance for the Executors and TrusteesJudgment:(On the papers)6 April 2023 at 10.00 amJUDGMENT OF THE COURTJudgment may be sealed, and security released, in accordance with paragraph[2].____________________________________________________________________REASONS OF THE COURT(Given by Miller J)[1] Nicholas Brown seeks costs. Belinda Brown does not resist.[2] We do not consider the claim of $13,479.64 fully justified. We are prepared toallow one-half day for additional attendances, rather than the one day sought.[3] Judgment may be sealed, and security released to Nicholas Brown,accordingly.Solicitors:Davenports West, Auckland for AppellantDenham Bramwell, Auckland for Second Respondent