JOYCE v JOYCE, P J M & B J K v BOWEN [2014] NZHC 921

JOYCE v JOYCE, P J M & B J K v BOWEN [2014] NZHC 921

The respondent was entitled to a contribution to costs because she prevailed on most substantive issues on appeal and the appellants adopted an unrealistic settlement position; consequently a costs award of $5,000 including disbursements was appropriate despite the appellants' partial success.

Citation
[2014] NZHC 921
Parties
First Appellant: Mr Joyce; Second Appellants: Mr Joyce; Mr P J M; Mr B J K (trustees of the Joyce Trust); Respondent: Ms Bowen
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 May 2014
Procedural Posture
Appeal Under Property (relationships) Act 1976 From Family Court / Costs Application Following Appellate Judgment
Outcome
Respondent awarded contribution to costs from appellants
Legal Topics
Classification of Property, Relationship Property Vs Separate Property, Loan Classification, Life Insurance Commission Valuation, Costs Awards, S 44 C and S 182 Property (relationships) Act 1976, Offers of Settlement
Family Law Property Law Civil Procedure (costs) Classification of Property Relationship Property Vs Separate Property Loan Classification Life Insurance Commission Valuation Costs Awards +2 more

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Parties

Mr Joyce

First Appellant

Mr Joyce; Mr P J M; Mr B J K (trustees of the Joyce Trust)

Second Appellants

Ms Bowen

Respondent

Procedural Posture

Appeal Under Property (relationships) Act 1976 From Family Court / Costs Application Following Appellate Judgment

Legal Issues

  1. 1 Whether the $182,000 commission pool was relationship property or separate property
  2. 2 Whether the $150,000 loan claim succeeded
  3. 3 Whether orders made under ss 44C and 182 of the Property (Relationships) Act 1976 should be confirmed

Ratio Decidendi

The respondent was entitled to a contribution to costs because she prevailed on most substantive issues on appeal and the appellants adopted an unrealistic settlement position; consequently a costs award of $5,000 including disbursements was appropriate despite the appellants' partial success.

Court Disposition

Respondent awarded contribution to costs from appellants

Orders

  • Appellants to pay respondent costs of NZD 5000 including disbursements