WARIN v WARIN [2017] NZHC 1375

WARIN v WARIN [2017] NZHC 1375

The court awarded plaintiffs costs on a 2B basis but reduced the claimed amount by disallowing or reducing items tied to unrepresented/preparatory work and an unnecessary litigation guardian application. Specifically the commencement allowance was reduced from three to two days, a duplicated interlocutory filing was disallowed, written submissions reduced by 0.25 days, and the entire $5,129 claim for the litigation guardian application was disallowed; net costs awarded were $13,937.50 plus disbursements $160.

Citation
[2017] NZHC 1375
Parties
First Plaintiffs: MARIAN RUTH WARIN AND SELWYN WARIN; Second Plaintiffs: MARIAN RUTH WARIN and NIGEL TREVOR WARIN; Third Plaintiffs: MARIAN RUTH WARIN and NIGEL TREVOR WARIN; Defendant: COLLEEN ANNE WARIN
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 June 2017
Procedural Posture
Application for Summary Judgment (repayment of a Debt) / Costs Judgment (post Summary Judgment)
Outcome
Judgment entered for plaintiffs Mr and Mrs Warin for costs in the sum of $13,937.50 jointly and disbursements $160
Legal Topics
Summary Judgment, Costs Awards, Litigation Guardian, Enduring Power of Attorney, Amendment of Pleadings
Civil Procedure Costs Elder Law Equity Powers of Attorney Summary Judgment Costs Awards Litigation Guardian +2 more

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Parties

MARIAN RUTH WARIN AND SELWYN WARIN

First Plaintiffs

MARIAN RUTH WARIN and NIGEL TREVOR WARIN

Second Plaintiffs

MARIAN RUTH WARIN and NIGEL TREVOR WARIN

Third Plaintiffs

COLLEEN ANNE WARIN

Defendant

Procedural Posture

Application for Summary Judgment (repayment of a Debt) / Costs Judgment (post Summary Judgment)

Legal Issues

  1. 1 entitlement to costs on a 2B basis
  2. 2 whether costs should be reduced for steps taken before plaintiffs were legally represented
  3. 3 whether costs of appointing a litigation guardian should be borne by the defendant where application proved unnecessary

Ratio Decidendi

The court awarded plaintiffs costs on a 2B basis but reduced the claimed amount by disallowing or reducing items tied to unrepresented/preparatory work and an unnecessary litigation guardian application. Specifically the commencement allowance was reduced from three to two days, a duplicated interlocutory filing was disallowed, written submissions reduced by 0.25 days, and the entire $5,129 claim for the litigation guardian application was disallowed; net costs awarded were $13,937.50 plus disbursements $160.

Court Disposition

Judgment entered for plaintiffs Mr and Mrs Warin for costs in the sum of $13,937.50 jointly and disbursements $160

Orders

  • Costs awarded to Mr and Mrs Warin jointly in the sum of $13,937.50
  • Disbursements awarded to Mr and Mrs Warin in the sum of $160