Delice Queshire v Cleveland Queshire [2016] NZFC 1931

Published 31 July 2016

Inter-partes costs — Property (Relationships) Act 1976, s 40 — Family Courts Rules 2002, r 207 — District Courts Rules 2014, r 14.2. An order was made for the respondent to pay the applicant’s costs following the forced sale of three properties under the Act. Section 40 of the Act provides that in any proceedings under the PRA the Court may make such an order as to costs as it thinks fits. Rule 207 similarly provides for the Court’s authority to determine costs. The applicant’s costs had largely arisen from the conduct of the respondent, and after considering relevant case law and the principles of r 14.2, the Court determined an order for costs was appropriate. **Note: names have been changed to comply with legal requirements.