New Zealand Case Law: Decisions & Judgments

Topic

Litigation guardianship

Legal area

Court

17 Nov 2020

GROOMBRIDGE v BLANCHE [2020] NZHC 3032 [

Citation

[2020] NZHC 3032
Court

High Court

The Court held indemnity costs were not warranted because the defendant's conduct, while weak and unsuccessful, did not reach the exceptionally bad or flagrant threshold required; the removal application had arguable basis given Family Court criticism and legal advice; an uplift was likewise not justified though the defendant's arguments lacked merit; accordingly the plaintiff was awarded 2B scale costs of $8604.00.
18 Nov 2019

McKENZIE v McKENZIE [2019] NZHC 2983

Citation

[2019] NZHC 2983
Court

High Court

The Court accepted the parties' consent and made orders recording the resettlement of the Alister McKenzie Family Trust into a New Trust with specified trustees, authority to seek vesting orders by consent, directions for sale of the trust property and priority reimbursement allocations from net sale proceeds, with the overriding requirement that trustees at all times give primary consideration to the welfare and interests of Julie, and did so under the Court's power to make consent orders (Senior Courts Act 2016 s 20(1)(g)).
4 Dec 2018

EMERY v THORN [2018] NZHC 3164

Citation

[2018] NZHC 3164
Court

High Court

The plaintiff's actual and reasonable costs are payable from the estate because the dispute arose from the deceased's failure to make a will, the plaintiff was entitled to pursue priority for letters of administration under r 27.35, the declaration proceedings focused solely on the de facto relationship and were reasonable, and the defendants' objections (including debt/conflict concerns) did not justify denying recovery of costs; however the plaintiff must particularise and justify the claimed amounts before the court will fix the quantum.
18 May 2016

Goldman v Grant [2016] NZHC 1010

Citation

[2016] 3 NZLR 331
Court

High Court

Application to remove the litigation guardian dismissed because the applicant failed to prove removal was in the incapacitated person's interests; the appointment complied with the Rules or was intra vires, the guardian was competent, there was no evidential basis of adverse interests or improper conduct, and the plaintiff preferred the guardian.
7 Dec 2015

THE COMMISSIONER OF POLICE v READ & ORS [2015] NZHC 3085

Citation

[2015] NZHC 3085
Court

High Court

The Court awarded costs against the fourth respondent on a 2A basis but reduced the quantum to reflect her limited role: the Commissioner was entitled to full preparation costs for the part of the proceeding concerning the fourth respondent, but hearing time was limited to a half day and case management costs were reduced by 75%; the Commissioner's overall claim was reduced to $4,683 plus disbursements. The Court held that r14.15 did not bar a costs order against a co-respondent and that co-respondents may bear a proportion of costs reflecting their role.
6 Mar 2015

CURTIS v ANCELL AND ANOR [2015] NZHC 381

Citation

[2015] NZHC 381
Court

High Court

The court ordered sale of the estate property and directed the net proceeds be held on trust pending calculation of the widow's life interest, permitting payment of the calculated life interest and reasonable litigation guardian costs, with the balance distributed to residuary beneficiaries in accordance with the will.
21 Dec 2012

O'TOOLE V O'TOOLE HC HAM CIV-2010-419-1676

Citation

openlaw-5043cd2a_532e_4e8d_9731_32ce629d0c8d.pdf
Court

High Court

The Court held the testator was domiciled outside New Zealand at death and therefore the High Court lacked jurisdiction under the Family Protection Act; consequentially the claim was dismissed and costs were apportioned: the First Plaintiff's costs up to 1 September 2011 are payable from the estate on a 2B basis, the First Plaintiff bears her own costs thereafter, the Second Plaintiff (Official Assignee) bears its own costs, and the Defendants' and Beneficiaries' costs and disbursements are to be met from the estate if required.

New Zealand Case Law

GROOMBRIDGE v BLANCHE [2020] NZHC 3032 [

McKENZIE v McKENZIE [2019] NZHC 2983

EMERY v THORN [2018] NZHC 3164

Goldman v Grant [2016] NZHC 1010

THE COMMISSIONER OF POLICE v READ & ORS [2015] NZHC 3085

CURTIS v ANCELL AND ANOR [2015] NZHC 381

O'TOOLE V O'TOOLE HC HAM CIV-2010-419-1676