20 Nov 2014
HOUSTON-QUAY v HENSON [2014] NZHC 2899
- Citation
- [2014] NZHC 2899
- Court
- High Court
The appeal is allowed in part: the judge erred in declining costs to the successful claimant because she proved the $20,000 loan and the respondent failed on his substantive $26,000 counterclaim; the District Court judge gave undue weight to the domestic relationship and improperly applied Rule 4.7 without evidential basis. The District Court's direction to return half the sex toys is upheld as de minimis and not worth overturning; the award of $1,150 for schedule 3 is affirmed because the judge's broad-brush factual assessment was not shown to be unjust; the direction regarding schedule 4 is…