24 Feb 2023
CLOTWORTHY v CLOTWORTHY [2023] NZHC 287
- Citation
- [2023] NZHC 287
- Court
- High Court
The High Court allowed the appeal, holding the Family Court erred in awarding costs at the interlocutory stage for the without‑notice/unopposed substituted service applications; such costs should ordinarily be reserved until the conclusion of the proceedings given the absence of a contest and unfairness of imposing interlocutory costs where the defendant may be unaware of proceedings; the Family Court's exercise of discretion and application of increased costs principles was flawed and the costs order was quashed and remitted for consideration at the end of the substantive proceeding.