New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal adjustment

  • 29 Jul 2022

    PRESTON v PRESTON [2022] NZHC 1850

    Citation
    [2022] NZHC 1850
    Court
    High Court

    Following the Supreme Court's allowance of Mrs Preston's appeal on the s 182 issue, she was the successful party overall in the 051 proceeding; however, because she failed on other substantial claims which increased costs, the appropriate adjustment is a 50% reduction to the scale costs otherwise payable, resulting in scale costs of $19,331 to Mrs Preston; she is entitled to related disbursements including a 50% allowance for her expert fees and allocated general disbursements totalling $25,847.07; Mr Preston is not entitled to recover his expert fees from Mrs Preston.

  • 25 Jun 2021

    PRESTON v PRESTON [2021] NZHC 1536

    Citation
    [2021] NZHC 1536
    Court
    High Court

    Given the Court of Appeal's finding that GPFT breached the property sharing agreement, HFT was the successful party on the pleaded 030 claim and entitled to costs; however both parties incurred significant costs litigating partnership accounts which were before the High Court and on which GPFT was largely successful, so the costs award is adjusted by allowing a 20% uplift for GPFT's unreasonable refusal to accept a settlement pathway but then reducing the award by 20% to reflect HFT's lack of success on the accounts, resulting in a net costs award to HFT of $27,712.32 plus disbursements of $1…