22 Dec 2011
KIRBY V SIMS AND FISHER HC WN CIV-2010-485-794
- Citation
- openlaw-e44aec1e_82b9_4671_91e3_aa14dc649907.pdf
- Court
- High Court
The court applied ordinary costs principles to family protection proceedings, held that Calderbank offers do not automatically entitle a party to indemnity costs, and awarded costs as follows: indemnity costs awarded only to John Birch against the Wakem Children ($54,786.26); an increased (but not indemnity) consolidated award of $70,000 against the Wakem Children for the claims of Melissa Kirby and Nathan Murray; no costs awarded to the Wakem Children against Melissa Kirby for her unsuccessful claim against her father's estate (those costs to lie where they fall); Olivia Murray-Kirby's costs…