New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Executor's costs

  • 1 Dec 2021

    HARVEY v HARVEY [2021] NZHC 3264

    Citation
    [2021] NZHC 3264
    Court
    High Court

    Court exercised discretion under the High Court Rules: rejected respondent's r14.15 submission and allowed separate costs for each successful defendant; held Bryce liable for costs of steps other parties took in other parties' proceedings when his conduct caused those proceedings; allowed costs for preparation of costs submissions and relevant witness expenses; refused indemnity costs for Paul (threshold not met) but awarded indemnity costs of $165,712.80 to the estate because Bryce's conduct necessitated estate litigation and would otherwise unfairly burden residuary beneficiaries; awarded i…

  • 4 Nov 2015

    FRY v FRY [2015] NZHC 2716

    Citation
    [2015] NZHC 2716
    Court
    High Court

    Appellant was successful in the proceeding (by virtue of the successful appeal) and was therefore entitled to costs; the Family Court judge erred by treating the appeal as defeating the appellant's entitlement and by improperly relying on the Calderbank offer which was substantially below the judgment. A 2B scale is appropriate, reduced by two-thirds to reflect the substantial time spent on the unsuccessful TPA claim; Mrs Fry personally must pay one-third of 2B costs to the appellant, and the estate (through the executor) is entitled to costs from the estate but the appellant must personally…