D A S v G E [2014] NZHC 2793

D A S v G E [2014] NZHC 2793

The appeal was deemed abandoned due to non-payment of ordered security for costs and accordingly the appellant was ordered to pay the respondent's costs on a category 2B basis, $3,980, together with disbursements as fixed by the Registrar.

Citation
[2014] NZHC 2793
Parties
Appellant: D A S; Respondent: G E
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 November 2014
Procedural Posture
Family Court Appeal / Costs Determination
Outcome
Appeal deemed abandoned; appellant ordered to pay respondent's costs.
Legal Topics
Security for Costs, Abandonment of Appeal, Costs Assessment, Disbursements
Family Law Civil Procedure Costs Law Security for Costs Abandonment of Appeal Costs Assessment Disbursements

Case Brief

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Parties

D A S

Appellant

G E

Respondent

Procedural Posture

Family Court Appeal / Costs Determination

Legal Issues

  1. 1 Whether the appeal was abandoned for failure to pay ordered security for costs
  2. 2 Whether the respondent was entitled to costs for wasted attendances following abandonment
  3. 3 Appropriate quantum of costs under the High Court Rules (category 2B)

Ratio Decidendi

The appeal was deemed abandoned due to non-payment of ordered security for costs and accordingly the appellant was ordered to pay the respondent's costs on a category 2B basis, $3,980, together with disbursements as fixed by the Registrar.

Court Disposition

Appeal deemed abandoned; appellant ordered to pay respondent's costs.

Orders

  • Appellant to pay respondent's costs in relation to the appeal in the sum of $3,980.
  • Appellant to pay disbursements as fixed by the Registrar (if any).