Beric v Chaplain  NZFC 10222
Published 16 April 2019
Costs — notice of claim — Calderbank proposal — Property (Relationships) Act 1976.
In October the Judge had made an order in respect of the applicant's application to sustain notices of claim against two properties owned by the interested party. The application to sustain the notice of claim was successful for one property and unsuccessful for the other, although if that property was sold the interested party must retain 50% of the proceeds in their solicitor's trust account.
This outcome mirrored an offer that had been made by the applicant six weeks prior to the hearing. The respondents claimed they had offered a better deal to the applicant and therefore should be entitled costs. The Judge rejected this, as the offer they had made regarded a third unrelated property and would not protect the applicant's claim and interest as well as the order from the hearing. The respondents' offer was also only made some 24 hours prior to the hearing.
It was decided the applicant was entitled to costs to the amount of $4,539.
Judgment Date: 24 December 2018.