4 Dec 2014
CLAYTON v CLAYTON [2014] NZHC 3086
- Citation
- [2014] NZHC 3086
- Court
- High Court
The High Court dismissed the appeal: the Family Court's finding that the respondent was substantially successful was open on the facts; the trial Judge's adverse findings about the appellant's obstructive conduct and resultant entitlement to increased costs were supported by the record; Calderbank offers were not mandatory to alter the costs outcome; the trusts were effectively under the appellant's control so costs could be fixed against him personally; application of the relevant costs scale and band C (with uplift) was within discretion; and the experts' fees were reasonable in the circums…