23 Feb 2009
HAKEKE JACKIE MCGARVEY V HINA TEMO CA CA315/2007
- Citation
- openlaw-cf4086b0_387a_4e0c_88a2_16ceb16ac88d.pdf
- Court
- Court of Appeal
The Court held there were no exceptional circumstances under s40(2) because the appellant's pursuit of the appeal was not unreasonable given novel aspects, some lack of clarity in the respondent's evidence about execution of the will, and technical statutory issues; accordingly the application for costs was declined but under s40(5) the court specified hypothetical costs of $9,600 plus usual disbursements.