New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Allocation of costs between parties with common interests
  • 9 Nov 2023

    RE ESTATE OF TONER [2023] NZHC 3159

    Citation
    [2023] NZHC 3159
    Court
    High Court

    The court held that (1) each joint case management memorandum constitutes a separate step under item 11 of Schedule 3 and is payable to each successful party; (2) the hearing was an affidavit hearing under the Court's probate jurisdiction so items 30,31,32 and 34 (and not items 37 and 40 for originating applications) apply to preparation for and appearance at the hearing; and (3) where parties have common or overlapping interests and run an aligned case, a single costs award is appropriate. Accordingly a single 2B award of $15,415.50 was allowed to be shared equally between Mrs Threadwell and…