LEE v LEE [2013] NZHC 1565

LEE v LEE [2013] NZHC 1565

The court found no special reasons to decline costs, classified the matter as a scale 2B case of average complexity, and awarded costs to the respondent on a scale 2B basis (approximately $19,000).

Citation
[2013] NZHC 1565
Parties
Applicant/plaintiff: Robert Lee; Applicant/plaintiff: Helen Heard; Respondent/defendant: Gregory Lee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 June 2013
Procedural Posture
Appeal Against Strike Out Decision / Costs Judgment
Outcome
Respondent awarded costs following dismissal of the appeal; no special reasons found to decline costs.
Legal Topics
Strike Out, Costs Awards, Scale 2 B Classification, Special Reasons, Self Represented Litigants

Case Brief

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Parties

Robert Lee

Applicant/plaintiff

Helen Heard

Applicant/plaintiff

Gregory Lee

Respondent/defendant

Procedural Posture

Appeal Against Strike Out Decision / Costs Judgment

  1. 1 Whether respondent was entitled to costs following dismissal of appeal against strike out
  2. 2 Whether applicants established special reasons to decline or defer an award of costs
  3. 3 Appropriate scale and amount of costs to be awarded

Ratio Decidendi

The court found no special reasons to decline costs, classified the matter as a scale 2B case of average complexity, and awarded costs to the respondent on a scale 2B basis (approximately $19,000).

Court Disposition

Respondent awarded costs following dismissal of the appeal; no special reasons found to decline costs.

Orders

  • Respondent awarded costs on a scale 2B basis (approximately $19,000)