SIMON v WRIGHT [2013] NZHC 2509

SIMON v WRIGHT [2013] NZHC 2509

No indemnity or increased costs were warranted because the Calderbank offer was conditional and not sufficiently clear and was not rejected without reasonable justification; the initial categorisation as a category 2 case and band B was appropriate and should not be displaced, so respondent is awarded costs on category 2 band B basis.

Citation
[2013] NZHC 2509
Parties
Appellant: MS SIMON; Respondent: MR WRIGHT
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 September 2013
Procedural Posture
Appeal Under S 39 of the Property (relationships) Act 1976 / Costs Hearing After Dismissal of Appeal
Outcome
Respondent awarded costs in the High Court on a category 2 band B basis; no indemnity or increased costs awarded to respondent
Legal Topics
Relationship Property, Costs Awards, Calderbank Offers, Costs Categorisation and Banding
Family Law Property Law Civil Procedure Costs Relationship Property Costs Awards Calderbank Offers Costs Categorisation and Banding

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Parties

MS SIMON

Appellant

MR WRIGHT

Respondent

Procedural Posture

Appeal Under S 39 of the Property (relationships) Act 1976 / Costs Hearing After Dismissal of Appeal

Legal Issues

  1. 1 Whether indemnity costs should be awarded
  2. 2 Whether increased costs should be awarded based on a Calderbank offer
  3. 3 Whether the initial costs categorisation and band (category 2 band B) should be displaced

Ratio Decidendi

No indemnity or increased costs were warranted because the Calderbank offer was conditional and not sufficiently clear and was not rejected without reasonable justification; the initial categorisation as a category 2 case and band B was appropriate and should not be displaced, so respondent is awarded costs on category 2 band B basis.

Court Disposition

Respondent awarded costs in the High Court on a category 2 band B basis; no indemnity or increased costs awarded to respondent

Orders

  • Respondent to have costs in the High Court on a category 2 band B basis