8 Dec 2006
ANDERSON V ONWARD DEVELOPMENT GROUP LTD AND ORS HC HAM CIV-2006-419-994
- Citation
- openlaw-fd7bb386_90da_4b02_bfcf_49e309203a4f.pdf
- Court
- High Court
The Family Court judge erred by abandoning the statutory scale-based methodology and fixing costs as a proportion of actual legal expenditure; the correct approach is to identify the appropriate R47 scale band, assess reasonable time for steps and allow a limited uplift (ordinarily not exceeding 50% except in exceptional cases). Applying that method the appropriate Family Court awards are category 2B ($512) with a 50% uplift to $768 per respondent; appellant entitled to costs on appeal at category 2B payable equally by respondents.