LEEMING v LEEMING [2023] NZHC 812

LEEMING v LEEMING [2023] NZHC 812

The applicant failed to provide reasons opposing the joint memorandum and all other parties supported the memorandum; the Court therefore exercised its discretion to order that the estate meet the specified costs and disbursements in the sums set out in the joint memorandum.

Citation
[2023] NZHC 812
Parties
Applicant: Dean Edward Leeming; Respondent: Gary Sheldon Leeming; Respondent: Brett Roderick Leeming; Interested Party: Tony Leeming; Interested Party: Todd Leeming; Interested Party: Claudia Hegley
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 April 2023
Procedural Posture
Application Under Trusts Act 2019 for Specific Distribution From Estate / Costs Determination Following Interim Distribution
Outcome
Costs ordered to be paid by the estate of the late Barbara Rosemary Leeming
Legal Topics
Specific Distribution, Interim Distribution, Costs Allocation, Trusts Act 2019
Trusts Law Estates and Succession Civil Procedure Costs Specific Distribution Interim Distribution Costs Allocation Trusts Act 2019

Case Brief

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Parties

Dean Edward Leeming

Applicant

Gary Sheldon Leeming

Respondent

Brett Roderick Leeming

Respondent

Tony Leeming

Interested Party

Todd Leeming

Interested Party

Claudia Hegley

Interested Party

Procedural Posture

Application Under Trusts Act 2019 for Specific Distribution From Estate / Costs Determination Following Interim Distribution

Legal Issues

  1. 1 Whether the estate should meet the costs of the parties
  2. 2 What quantum of costs should be awarded to each party
  3. 3 Whether the court should give effect to a joint memorandum when the applicant formally opposes without providing reasons

Ratio Decidendi

The applicant failed to provide reasons opposing the joint memorandum and all other parties supported the memorandum; the Court therefore exercised its discretion to order that the estate meet the specified costs and disbursements in the sums set out in the joint memorandum.

Court Disposition

Costs ordered to be paid by the estate of the late Barbara Rosemary Leeming

Orders

  • Costs and disbursements to applicant Dean Edward Leeming in the sum of $13,778
  • Costs and disbursements to interested parties Gary Sheldon Leeming and Brett Roderick Leeming in the sum of $12,538.00