New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Past maintenance

Legal area

Court

19 Jun 2015

CLAYTON v CLAYTON (NO 1) [2015] NZHC 1391

Citation

[2015] NZHC 1391
Court

High Court

Past maintenance from May 2012 is to be calculated at $12,700 per month to reflect the change in Mrs Clayton's circumstances, but amounts she actually received in respect of court costs during the relevant period fully offset the past maintenance; consequently neither party wholly prevailed on appeal so costs of the appeal lie where they fall, while discrete successful interlocutory applications attract costs on a 2B basis as ordered.
20 Apr 2015

CLAYTON v CLAYTON [2015] NZHC 765

Citation

(2015) 30 FRNZ 219
Court

High Court

The High Court held that a qualifying circumstance under s64(2)(a)(iii) existed because the respondent had been unable to access her share of relationship property and incurred prohibitive litigation costs; the judge's allowance for legal/accounting fees of $10,000 per month was reasonable and stands subject to an undertaking they be used only for legal/accounting fees and disbursements; the personal maintenance award was excessive and reduced from $5,000 to $2,700 per month; the Family Court should have addressed past maintenance and the variation of the 2010 consent orders is to be backdate…