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Susan Mabin v John Warnock [2016] NZFC 4406

Published 08 September 2016

Determination of costs — indemnity costs application — Property (Relationships) Act 1976, s 40 — Prebble v Awatere Huata (No 2) [2005] 2 NZLR 467 — Saunders v Central Grain & Produce (Southland) Limited & Others [2009] NZCA 148 — Family Courts Rules 2002, r 207 — District Courts Rules 1992, r 4.2-4.12. Applicant entitled to $117,898 in settlement of her half-share of relationship property and compensation, because the respondent had unilaterally retained control over all of the significant assets, under s 18B of $57,320.16. Costs and disbursements of $21,772.96 were awarded in her favour. Application for indemnity costs failed as the respondent’s actions, while concerning, did not satisfy the high threshold of malice or flagrancy required (Prebble, Saunders cited).Judgment Date: 8 June 2016.