New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Final maintenance orders

Legal area

Court

19 Jun 2015

CLAYTON v CLAYTON (NO 2) [2015] NZHC 1392

Citation

[2015] NZHC 1392
Court

High Court

A final maintenance order may include an allowance for legal expenses for ongoing litigation; costs in the maintenance proceedings follow the event and are awarded to Mrs Clayton on a 2B basis; payments made by the respondent in separate relationship property proceedings are not relevant to the costs decision in the maintenance proceedings.
24 Mar 2015

CLAYTON v CLAYTON [2015] NZHC 550

Citation

(2015) 30 FRNZ 153
Court

High Court

A final maintenance order under s 64 can include an allowance for ongoing legal and accounting costs incurred in active relationship property litigation where those costs amount to an ongoing expense necessary to enable a party to become self-sufficient; C v G is to be read as confined to cases without ongoing litigation and does not establish an absolute bar.