district court logo

Brooke v Jordan [2023] NZFC 3092

Published 19 January 2024

Reserved judgment — costs — relationship property — Property (Relationships) Act 1976, ss 1N, 24 & 40 — District Court Rules 2014, rr 2B & 14.2 — Family Court Rules 2002, r 207 — Wishart v McKewen [1998] 16 FRNZ 528 (FC) — JJF v AJF FC Chirschurch FAM-2008-009-3326, 13 January 2011 — Sydney v Sydney [2012] NZFC 2924 (FC) — Ormsby v Selm and Ormsby [2015] NZHC 641 — Bowden v Bowden [2017] NZHC 1841 — R v S [Guardianship] [2004] NZFLR 207; (2003) 22 FRNZ 1017 — S v I (2009) 28 FRNZ 13 (HC) — AS v JM [2004] NZFLR 57. The parties were in a long de facto relationship. An extension of time to file was granted for the applicant after he filed for the division of relationship property 18 months after the statutory cut-off date. The respondent filed an application for costs against the applicant. The respondent sought the cost of $7,162.50, and submitted that it would be unjust for costs to lie where they fell. The reasons included the applicant's delay in filing the relationship property proceedings, the applicant's abusive behaviour, and the fact that the respondent was not able to pay her costs as she was ineligible for legal aid. This application was opposed by the applicant. The applicant submitted that his behaviour was irrelevant to costs, and the late filing for the relationship property proceedings was also irrelevant. The Court agreed with the applicant's submissions. The Court also found that the respondent's difficulty in paying her solicitor's fee was not a basis for costs. The respondent's application for costs was dismissed. Judgment Date: 5 April 2023 * * * Note: names have been changed to comply with legal requirements. * * *