18 Oct 2022
Although the adjournment resulted from flight cancellations and was not directly the personal fault of the individual counsel, the Crown Solicitor's office should have arranged substitute cover; therefore the respondent is entitled to costs. The Court awards costs at category 2B plus reasonable disbursements to compensate for preparation and associated expenses.
9 Mar 2022
Rescind the High Court stay because the appellants do not challenge the core finding that the property was held on trust, the costs award is unlikely to be overturned on appeal, enforcement will materially reduce the respondents' borrowing needs and legal aid repayment cost (including accruing interest), and the appellants' appeal rights are not rendered nugatory without a stay; therefore no sufficient justification exists to depart from the normal rule that the successful party is entitled to the fruits of its judgment.
21 Oct 2021
Rule 12(3) authorises the court to stay execution of the costs judgment pending the substantive appeal; because the costs order is closely connected to the substantive judgment, the appeal could require financial adjustments that would make immediate enforcement inappropriate, and on balance of convenience and given the respondents would not be unduly prejudiced the Court stayed execution of the costs judgment pending determination of the appeal.
4 Mar 2021
Ella Young, as the successful party, was entitled to costs against Jina Kim. Costs in the Property Law Act proceeding were assessed on the 2B scale with specific disallowances and arithmetic corrections, resulting in $40,027.00; costs for the Family Court phase were awarded at the claimed legal aid repayment of $5,516.00. Costs-on-costs claims were denied and the respondent's impecuniosity did not justify any abatement. Total award $45,543.00.
1 Oct 2018
Costs should follow the event; public interest considerations and the Ministry's service obligations did not displace the ordinary rule in this case; it was not appropriate to delay determination of appeal costs; accordingly award $3,000 to appellants plus disbursements fixed by the Registrar.
16 Sept 2016
Costs were not awarded because the appellant advanced focused, reasoned and genuinely held arguments in the child's best interests, the appeal was withdrawn after consideration demonstrating responsible conduct, and it would be contrary to principle to penalise a parent for legitimately advancing such arguments; therefore costs lie where they fall.
11 Feb 2015
Costs awarded because the appeal was wholly unsuccessful and lacked real prospect of success, the appellant caused delays and failed to comply with timetable orders and to file submissions in time, and the respondent (though on repayable legal aid) incurred additional costs, including those arising from the appellant's self-representation; quantum fixed at $7,064.91 inclusive of GST and disbursements.