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Christine Thompson v Michael Thompson [2016] NZFC 4221

Published 29 November 2016

Application for indemnity or increased costs — Family Courts Rules 2002, r 207 — District Courts Rules 2014, rr 14.6 and 14.10 — Property (Relationships) Act 1976. Indemnity costs were not granted, but increased costs of 50 percent were ordered against the respondent. Counsel’s submission that indemnity costs did not automatically follow the rejection of a Calderbank offer (see DCR r 14.6(3)(b)(v)) was accepted by the Judge. However, the respondent had made a s 13 claim for unequal sharing that lacked merit and had no possibility of success (see DCR r 14.6(3)(b)(ii)) . As a result, increased costs were ordered. Judgment Date: 25 May 2016.