TOD v TOD [2015] NZHC 1018
The Court awarded costs to the defendant on a 2B basis, correcting the contractor's schedule to apply the amended daily rate of $1,990 and adjusting time allocations for Schedule 3 and actual hearing duration; disbursements were approved and total costs were fixed at $25,571.50.
Source-derived case information.
- Citation
- [2015] NZHC 1018
- Parties
- Plaintiff: Julia Oretie Tod; Plaintiff: Alistair Michael Tod; Plaintiff: Mark Alexander Tod; Plaintiff: Matthew John Tod; Defendant: Sheila Holms Tod sued as executor and trustee of the will of the late Alexander Michael Tod
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 14 May 2015
- Procedural Posture
- Estate Administration / Probate (administration Act 1969) / Costs Application / Costs Judgment
- Outcome
- Costs awarded to defendant on a 2B basis
- Legal Topics
- Costs Assessment, Scale 2 B, High Court Rules Amendment 2012, Schedule 3 Time Allocations
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Julia Oretie Tod
Plaintiff
Alistair Michael Tod
Plaintiff
Mark Alexander Tod
Plaintiff
Matthew John Tod
Plaintiff
Sheila Holms Tod sued as executor and trustee of the will of the late Alexander Michael Tod
Defendant
Procedural Posture
Estate Administration / Probate (administration Act 1969) / Costs Application / Costs Judgment
Legal Issues
- 1 Whether the defendant was entitled to costs
- 2 Appropriate scale and daily rate for costs (2B)
- 3 Correct application of Schedule 3 time allocations
Ratio Decidendi
The Court awarded costs to the defendant on a 2B basis, correcting the contractor's schedule to apply the amended daily rate of $1,990 and adjusting time allocations for Schedule 3 and actual hearing duration; disbursements were approved and total costs were fixed at $25,571.50.
Court Disposition
Costs awarded to defendant on a 2B basis
Orders
- Costs awarded to defendant in the sum of $25,571.50 on a 2B basis
- Disbursements as submitted by the defendant are approved
Full Case Text
Judgment text and source record
1 paragraphs
TOD v TOD [2015] NZHC 1018 [14 May 2015]IN THE HIGH COURT OF NEW ZEALANDTAURANGA REGISTRYCIV-2014-470-047[2015] NZHC 1018UNDER the Administration Act 1969IN THE MATTER OF the estate of the late ALEXANDERMICHAEL TODBETWEEN JULIA ORETIE TOD, ALISTAIRMICHAEL TOD, MARK ALEXANDERTOD and MATTHEW JOHN TODPlaintiffsAND SHEILA HOLMS TOD sued as executorand trustee of the will of the lateALEXANDER MICHAEL TODDefendantOn papersJudgment: 14 May 2015COSTS JUDGMENT OF BROWN JSolicitors:Anthony Frankovich, Auckland for PlaintiffsHarmos Horton Lusk, Auckland for DefendantCounsel:G Harrison, AucklandACM Fisher QC, Auckland[1] My judgment of 23 March 2015 stated that the defendant was prima facie entitled to costs and recorded my preliminary view that costs should be on a 2B basis. However, if costs at a different level were sought or if costs were opposed, then the party seeking a different outcome was to file a memorandum within 10 working days. No memorandum was filed.[2] By memorandum dated 5 May 2015 the defendant has submitted a costs and disbursements schedule which calculates costs on a 2B basis at $22,748.[3] I consider that the schedule is erroneous in three respects. First, the daily rate used of $1,880 is the former rate prior to the rate of $1,990 provided for in the High Court Amendment Rules 2012 (SR2012/93). Secondly, the item references and time allocations used are those which applied prior to the current Schedule 3. Thirdly, the Court record confirms that the hearing concluded shortly prior to lunch on 31 October 2014. Consequently the allocated time for the hearing should be 0.5 and provision for second counsel should be 0.25.[4] Annexed to this judgment is a revised schedule reflecting the required adjustments. Costs on a 2B basis are $25,571.50. The disbursements submitted are approved._____________________________Brown JAnnexureItem Description Days AmountDaily rate - $1,9902 Commencement of defence (receiving instructions,researching facts and law and preparing, filing andserving notice of opposition)2 $3,980.0011 Filing memoranda(a) 22 August 2014(b) 7 November 2014(c) 11 December 2014(d) 15 December 2014(e) Memorandum of 27 January 2015(f)0.40.40.40.40.4796.00796.00796.00796.00796.0013 Appearance at case management conferences(a) 27 August 2014(b) 12 December 2014(c)0.30.3597.00597.0030 Defendant's preparation of affidavits to be used athearing 2.5 4,975.0032 Defendant's preparation of list of issues andauthorities selecting documents for common bundleof documents and all other preparation2 3,980.0033 Preparation for hearing 3 5,970.0034 Appearance at hearing 0.5 995.0035 Second counsel 0.25 497.50TOTAL $25,571.50