13 Jul 2023
NORAGER v NORAGER (Costs) [2023] NZHC 1826
- Citation
- [2023] NZHC 1826
- Court
- High Court
Costs awarded to both respondents on a Category 2B basis payable by the estate. The applicant had a reasonable basis to oppose removal given nomination as executrix and separate representation in some capacities and there was no misconduct; conflicts arising from other roles justified appointment of a temporary administrator. The correspondence did not justify a 50% uplift because the applicant's opposition was not unreasonable in the circumstances of representation and conflicted roles; therefore uplift was declined.