MCCARTHY v MCMANAMON [2021] NZHC 825

MCCARTHY v MCMANAMON [2021] NZHC 825

Plaintiff was largely successful because the principal remedy was granted under s 182 Family Proceedings Act 1980 (and would alternatively have succeeded on a constructive trust); accordingly costs are awarded to the plaintiff on a 2B basis with reasonable disbursements, with interlocutory adjustments noted and any schedule disputes to be raised by memorandum within three days.

Citation
[2021] NZHC 825
Parties
Plaintiff: Christopher Wayne McCarthy; Defendant: Catherine McManamon; Second Defendant: Impact Legal Trustee Limited (as Trustees of the Elizabeth Street Trust)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 April 2021
Procedural Posture
Civil (trust Dispute and Family Proceedings) / Costs Determination (post Judgment)
Outcome
Costs awarded to the plaintiff (Christopher Wayne McCarthy) on a 2B basis with reasonable disbursements; defendants to raise any specific issues with the plaintiff's costs schedule by memorandum within three days; interlocutory exclusions applied as noted.
Legal Topics
Constructive Trust, S 182 Family Proceedings Act 1980, Costs Awards, Calderbank Offers, Undue Influence, Unconscionable Bargain
Trusts Family Law Civil Procedure Costs Constructive Trust S 182 Family Proceedings Act 1980 Costs Awards Calderbank Offers Undue Influence +1 more

Case Brief

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Parties

Christopher Wayne McCarthy

Plaintiff

Catherine McManamon

Defendant

Impact Legal Trustee Limited (as Trustees of the Elizabeth Street Trust)

Second Defendant

Procedural Posture

Civil (trust Dispute and Family Proceedings) / Costs Determination (post Judgment)

Legal Issues

  1. 1 Whether plaintiff was entitled to costs after partial success
  2. 2 Whether the successful remedy was under s 182 Family Proceedings Act 1980 or by constructive trust
  3. 3 Whether settlement offers (including Calderbank equivalents) should affect costs

Ratio Decidendi

Plaintiff was largely successful because the principal remedy was granted under s 182 Family Proceedings Act 1980 (and would alternatively have succeeded on a constructive trust); accordingly costs are awarded to the plaintiff on a 2B basis with reasonable disbursements, with interlocutory adjustments noted and any schedule disputes to be raised by memorandum within three days.

Court Disposition

Costs awarded to the plaintiff (Christopher Wayne McCarthy) on a 2B basis with reasonable disbursements; defendants to raise any specific issues with the plaintiff's costs schedule by memorandum within three days; interlocutory exclusions applied as noted.

Orders

  • Costs awarded to plaintiff on a 2B basis
  • Reasonable disbursements awarded to plaintiff