ROGERS V ROGERS & ANOR HC AK CIV-2008-404-005637

ROGERS V ROGERS & ANOR HC AK CIV-2008-404-005637

Appellant awarded scale costs in both the Family Court and High Court; increased or indemnity costs were refused because settlement offers were either unclear, impractical or made too late and there was no evidence that the appellant alone prevented settlement, and the respondent's improper evidence was insufficient to justify penal costs.

Citation
openlaw-98eb928d_831d_4ac2_813d_abd5e708dbbe.pdf
Parties
Appellant: Judith Rogers; First Respondent: The Estate of Sarah Rogers; Second Respondent: Grace Rogers
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 April 2009
Procedural Posture
Appeal Under the Family Protection Act 1955 / Costs Decision
Outcome
Costs awarded to appellant at scale in both Family Court and High Court; no uplift or indemnity costs ordered; costs payable from the estate after sale of the Kaeo property.
Legal Topics
Family Protection Act 1955, Calderbank Offers, High Court Rules R48 C, Costs Follow the Event
Family Law Probate Civil Procedure Costs Family Protection Act 1955 Calderbank Offers High Court Rules R48 C Costs Follow the Event

Case Brief

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Parties

Judith Rogers

Appellant

The Estate of Sarah Rogers

First Respondent

Grace Rogers

Second Respondent

Procedural Posture

Appeal Under the Family Protection Act 1955 / Costs Decision

Legal Issues

  1. 1 Whether appellant is entitled to costs for Family Court and High Court proceedings
  2. 2 Whether increased costs or indemnity costs should be awarded
  3. 3 Effect and weight of Calderbank and other settlement offers

Ratio Decidendi

Appellant awarded scale costs in both the Family Court and High Court; increased or indemnity costs were refused because settlement offers were either unclear, impractical or made too late and there was no evidence that the appellant alone prevented settlement, and the respondent's improper evidence was insufficient to justify penal costs.

Court Disposition

Costs awarded to appellant at scale in both Family Court and High Court; no uplift or indemnity costs ordered; costs payable from the estate after sale of the Kaeo property.

Orders

  • Family Court costs of NZD 5880 to be paid to the appellant from the estate following sale of the Kaeo property
  • High Court costs of NZD 5540.56 to be paid to the appellant from the estate following sale of the Kaeo property