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Robin Dennett v Rusty Dennett [2016] NZFC 1873

Published 31 July 2016

Costs — Property (Relationships) Act 1976 — Family Proceedings Act 1980 — District Courts Rules 2014, r 14.2. The Court was asked to determine costs arising from proceedings under the PRA and FPA. The applicant was not awarded costs for the relationship property proceedings, but was for the FPA proceedings. The Court accepted that relationship property costs were more recently being determined following the event in accordance with ordinary civil proceedings. Historically they were allowed to lie as they fell, the resolution of proceedings being seen to benefit both parties. Yet wide discretion is available to the Court, and taking into account the general guidance set out in Rule 14.2 of the District Courts Rules 2014, as well as the principles to be applied from Powell v Allison [2013] NZFC 7976 at [13], it was not in the interests of justice to award costs against the respondent. Costs were awarded under the FPA proceedings as a result of a hard fought opposition to a discovery application which demonstrated an intention to conceal the respondent’s true financial situation. The Judge explained that inadequate disclosure of a party’s financial position can be considered to be obstructive behaviour justifying an award of costs. **Note: names have been changed to comply with legal requirements.