30 Mar 2022
HOWARTH v HOWARTH [2022] NZHC 602
- Citation
- [2022] NZHC 602
- Court
- High Court
The defendant was entitled to scale costs because he made a clear Calderbank offer to divide the estate into thirds which was more beneficial than the plaintiffs' ultimate award and the plaintiffs' rejection was unreasonable on the evidence available at the time; indemnity costs were refused because there was no evidence plaintiffs made allegations of fraud knowing them to be false; the appropriate award is 2B scale costs of $53,297 to the defendant and costs should not be ordered to be paid from the estate.