2 Nov 2021
AP v LUCAS [2021] NZHC 2949
- Citation
- [2021] NZHC 2949
- Court
- High Court
The High Court allowed the appeal on the ground the Family Court judge failed to take into account relevant considerations (the longstanding practice of estates meeting costs in family protection claims, the size of the estate and the likelihood any award to the appellant would filter to her daughters) and therefore erred in refusing to order the estate to pay the appellant's costs; the Court ordered the estate to pay the appellant indemnity costs of $97,487.59 while confirming no costs order against the widow in the primary proceeding because the widow did not 'fail'.