22 Dec 2021
Rule 15.23 presumption applies and was not displaced: there was no evidence of bad faith, fraud or wilful pursuit of a hopeless claim to warrant indemnity costs; settlement offers were not reasonably capable of acceptance and thus did not justify increased costs; accordingly award costs at High Court Rules category 2B to the defendant and require an itemised schedule and a separate claim for disbursements.
20 Mar 2014
The $150,000 advanced by Ms Bowen remained her separate property as it was a loan sourced from her separate Tolhurst Street equity and, as at separation, was a debt owed by the Trust to her; interest on that loan is payable from the date the Trust sold Rosetta Road in 2005. The life insurance commission 'book' is beneficially owned by FINANZ Ltd and CP Ltd and only $67,247 of the corporate group assets constituted relationship property to be equally divided between the spouses (each receiving approximately $33,623). The 'bundle of rights' doctrine did not apply to convert the Trust's or compa…