New Zealand Case Law: Decisions & Judgments

Topic

Costs for self-represented litigants

Legal area

Court

16 Sept 2020

TURVEY v TURVEY [2020] NZHC 2403

Citation

[2020] NZHC 2403
Court

High Court

The court concluded that the respondent's delay in obtaining probate was not solely due to his neglect given obstruction by others and thus did not justify his removal as executor; however the irreconcilable breakdown between the two trustees of the mirror trusts required removal of both trustees and appointment of an independent trustee empowered to transfer, repair/renovate and sell the property, account for past management and adjust distributions accordingly; the applicant's notice of discontinuance was effective but did not affect counterclaims; no order for costs against either party ex…
16 Jul 2020

STRINGER v CRAIG [2020] NZCA 294

Citation

[2020] NZCA 294
Court

Court of Appeal

The Court granted the extension of time because the 12 working day delay was short, there was a reasonable explanation (COVID-19 related filing confusion), the delay caused no prejudice to respondents, and the proposed appeal could not be said to be hopeless; accordingly, in the interests of justice an extension under r 29A was appropriate.
29 May 2017

SAX v SIMPSON [costs] [2017] NZHC 1128

Citation

[2017] NZHC 1128
Court

High Court

Respondent is not entitled to costs because he was self-represented at the recall hearing, no formal appearance or notice of opposition by counsel was filed, and behind-the-scenes assistance by counsel who did not formally appear does not qualify for an award of costs absent exceptional circumstances, which do not exist here.
15 May 2017

AR v IMMIGRATION AND PROTECTION OFFICER COSTS [2017] NZHC 978

Citation

[2017] NZHC 978
Court

High Court

The application for costs by the self-represented refugee claimant was declined: the general rule from Re Collier that litigants in person are not ordinarily entitled to costs applies; the fact that leave was granted for a matter of general or public importance and the refugee or human rights context does not create the Collier exception; the applicant is entitled only to reasonable disbursements to be fixed by the Registrar.

New Zealand Case Law

TURVEY v TURVEY [2020] NZHC 2403

STRINGER v CRAIG [2020] NZCA 294

SAX v SIMPSON [costs] [2017] NZHC 1128

AR v IMMIGRATION AND PROTECTION OFFICER COSTS [2017] NZHC 978