23 May 2014
CRITCHLEY & Anor v SAUNDERS [2014] NZHC 1113
- Citation
- [2014] NZHC 1113
- Court
- High Court
The appeal is dismissed because the appellants failed to show Judge Ryan erred in principle, failed to consider relevant matters, took irrelevant matters into account, or was plainly wrong; the judge was entitled to find the respondent the successful party and to order her costs be met by the estate, to refuse the appellants' claim for reimbursement now on grounds of jurisdiction, res judicata and proportionality, and because payment now would prejudice the respondent's adequate provision while appellants can recoup costs from the estate on the respondent's demise.