PM PEARCE V MG FAIRHALL AND ORS HC WN CIV-2006-485-2810

PM PEARCE V MG FAIRHALL AND ORS HC WN CIV-2006-485-2810

The court found the plaintiff's proceedings were properly brought and had been effective in achieving the principal result sought (sale of the farm); the judge rejected the defendants' contention that the sale would necessarily have occurred absent the proceedings and therefore, exercising discretion, ordered that costs lie where they fall rather than awarding costs to the defendants under Rule 476C or increased costs under Rule 48C(3)(b).

Citation
openlaw-53193728_609b_4e57_a69d_da0867ddf797.pdf
Parties
Plaintiff: Pamela Mary Pearce; First Defendant: Margaret Georgina Fairhall; Second Defendants: Anne Wyndham Davidson; John George Beresford Davidson; Timothy John Fairhall (as trustees of the Kotu Davidson Trust); Third Defendants: Celia Mary Whitelaw; Diana Margaret Browning Stephenson; Timothy John Fairhall (as trustees of the Kotu Watson Trust)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 December 2007
Procedural Posture
Civil Partnership Dispute; Summary Judgment Application and Application for Dissolution and Sale of Partnership Property / Costs Judgment Following Discontinuance/resolution and Settlement by Agreement for Sale
Outcome
Costs lie where they fall; no order for costs to either party
Legal Topics
Summary Judgment, Dissolution of Partnership, Partnership Property, Costs on Discontinuance, Increased Costs
Partnership Law Civil Procedure Property Law Costs Summary Judgment Dissolution of Partnership Partnership Property Costs on Discontinuance +1 more

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Parties

Pamela Mary Pearce

Plaintiff

Margaret Georgina Fairhall

First Defendant

Anne Wyndham Davidson; John George Beresford Davidson; Timothy John Fairhall (as trustees of the Kotu Davidson Trust)

Second Defendants

Celia Mary Whitelaw; Diana Margaret Browning Stephenson; Timothy John Fairhall (as trustees of the Kotu Watson Trust)

Third Defendants

Procedural Posture

Civil Partnership Dispute; Summary Judgment Application and Application for Dissolution and Sale of Partnership Property / Costs Judgment Following Discontinuance/resolution and Settlement by Agreement for Sale

Legal Issues

  1. 1 Whether the Tinui Farm was partnership property
  2. 2 Whether the partnership had been lawfully dissolved
  3. 3 Whether the plaintiff's discontinuance obligated her to pay defendants' costs under High Court Rule 476C

Ratio Decidendi

The court found the plaintiff's proceedings were properly brought and had been effective in achieving the principal result sought (sale of the farm); the judge rejected the defendants' contention that the sale would necessarily have occurred absent the proceedings and therefore, exercising discretion, ordered that costs lie where they fall rather than awarding costs to the defendants under Rule 476C or increased costs under Rule 48C(3)(b).

Court Disposition

Costs lie where they fall; no order for costs to either party

Orders

  • Costs are to lie where they fall