TRS v NJW [2019] NZHC 1758

TRS v NJW [2019] NZHC 1758

TRS is liable to pay NJW costs; the court awarded the respondent the actual legally-aided costs of $2,807.38 rather than the higher 2B scale figure and excluded preparation of the appeal from the 2B assessment.

Source-derived case information.

Citation
[2019] NZHC 1758
Parties
Appellant: TRS; Respondent: NJW
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 July 2019
Procedural Posture
Appeal Under Domestic Violence Act 1995 / Costs Assessment Following Dismissal of Appeal
Outcome
Respondent awarded costs
Legal Topics
Protection Order, 2 B Costs Scale, Legal Aid, Costs Assessment, High Court Rules
Family Law Domestic Violence Civil Procedure Costs Protection Order 2 B Costs Scale Legal Aid Costs Assessment +1 more

Source-derived case record

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Parties

TRS

Appellant

NJW

Respondent

Procedural Posture

Appeal Under Domestic Violence Act 1995 / Costs Assessment Following Dismissal of Appeal

Legal Issues

  1. 1 Entitlement to 2B costs for successful respondent
  2. 2 Appropriate quantum of costs given respondent received legal aid
  3. 3 Whether preparation of the appeal should be included in 2B costs

Ratio Decidendi

TRS is liable to pay NJW costs; the court awarded the respondent the actual legally-aided costs of $2,807.38 rather than the higher 2B scale figure and excluded preparation of the appeal from the 2B assessment.

Court Disposition

Respondent awarded costs

Orders

  • TRS to pay NJW costs in the amount of $2,807.38