SAWYER AND SAYWER v POWELL [2015] NZHC 2781

SAWYER AND SAYWER v POWELL [2015] NZHC 2781

The District Court Judge erred by failing to exercise the costs discretion in accordance with the Rules and relevant principles; the appellants were entitled to costs in the District Court which are to be assessed as category 1 band B, and are also entitled to costs on the appeal at the same rate; leave to bring the...

Source-derived case information.

Citation
[2015] NZHC 2781
Parties
First Appellant: Belinda Marie Sawyer; First Appellant: Michael Andrew Saywer; Second Appellant: Jennifer Mary Powell; Third Appellant: Robert Bernard Hoy; First Respondent: Amanda Rosemary Homewood; Second Respondent: Robbie Kaiviti
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 November 2015
Procedural Posture
Appeal Against a District Court Decision Under the District Courts Act 1947 / Judgment on Costs Appeal
Outcome
Appeal allowed on the issue of costs; District Court Judge's refusal to award costs set aside; appellants awarded costs in the District Court and on appeal
Legal Topics
Restraining Orders, Jurisdiction, Judicial Discretion on Costs, High Court Rules R14 Categories and Bands
Harassment Act 1997 Domestic Violence Act 1995 Civil Procedure Costs Law Restraining Orders Jurisdiction Judicial Discretion on Costs High Court Rules R14 Categories and Bands

Source-derived case record

Summary, issues, holding and outcome

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Parties

Belinda Marie Sawyer

First Appellant

Michael Andrew Saywer

First Appellant

Jennifer Mary Powell

Second Appellant

Robert Bernard Hoy

Third Appellant

Amanda Rosemary Homewood

First Respondent

Robbie Kaiviti

Second Respondent

Procedural Posture

Appeal Against a District Court Decision Under the District Courts Act 1947 / Judgment on Costs Appeal

Legal Issues

  1. 1 Whether the District Court Judge erred in law or acted unreasonably in refusing to award costs
  2. 2 Whether the District Court lacked jurisdiction because parties were in a domestic relationship under s 4(1)(b) Domestic Violence Act 1995
  3. 3 What costs category and band should apply and whether costs on appeal are payable

Ratio Decidendi

The District Court Judge erred by failing to exercise the costs discretion in accordance with the Rules and relevant principles; the appellants were entitled to costs in the District Court which are to be assessed as category 1 band B, and are also entitled to costs on the appeal at the same rate; leave to bring the appeal out of time was granted due to minimal delay and no prejudice.

Court Disposition

Appeal allowed on the issue of costs; District Court Judge's refusal to award costs set aside; appellants awarded costs in the District Court and on appeal

Orders

  • Leave to commence the appeal out of time granted
  • District Court Judge's decision to refuse costs set aside