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Shelly Trent v Alan Trent [2016] NZFC 8047

Published 20 February 2017

Costs on injunctive relief application — Property (Relationships) Act 1976, ss 1N and 40 — Family Courts Rules 2002, r 207 — Holdfast NZ Ltd v Selleys Pty Ltd (2005) 17 PRNZ (CA) — Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188. Costs at an increased level were granted as provided for in "Holdfast", although the high threshold required for indemnity costs was not met. Disbursements necessary to the successful defence of the application were also awarded. A "Calderbank" letter was relevant to the costs award, as the unsuccessful party had been put on notice as to the consequences of pursuing the injunctive relief application. Total costs and disbursements awarded amounted to $120,794. Judgment Date: 30 September 2016.