New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Impecuniosity and abatement of costs
  • 6 Dec 2022

    BLANCHARD & ORS v JEFFRIES [2022] NZHC 3196

    Citation
    [2022] NZHC 3196
    Court
    High Court

    The applicants succeeded in obtaining the sale order; the respondent's prior refusal necessitated the application and justified an award of costs on a 2B scale; the respondent failed to provide evidence of inability to pay and abatement of costs is not warranted; costs and disbursements were ordered and may be met from the respondent's share of sale proceeds.

    • Orders for sale under s 339
    • Co-ownership
    • Costs awards and scale assessment
    • Impecuniosity and abatement of costs