district court logo

Merlyn Boarwright v Belinda Smith [2016] NZFC 7325

Published 18 January 2017

Appeal against determination — Child Support Act 1991, ss 103B and 103D — Brownie Wills v Shrimpton [1998] 2 NZLR 320. An appeal under s 103B against two child support determinations was heard, with the Judge arriving at a similar conclusion to the review officer although making adjustment as to quantum. The applicant's annual income was set at $90,000 for the first review period, and the second review decision was upheld and the appeal dismissed. Payments were also ordered for education costs. The determination was made difficult by the applicant's failure to clearly set out his financial position in totality. Costs were awarded, although at a lesser sum to that claimed by the respondent. The respondent sought to rely on "Brownie" which provided for a practicing barrister and solicitor, who brings or defends a proceeding in person, to claim the same costs as if acting on behalf of a client. Judgment Date: 14 September 2016. * * * Note: Names have been changed to comply with legal requirements * * *