Published 13 December 2022
Relationship property proceedings — costs — quantum — relationship property agreement — Property (Relationships) Act 1976, s 40 — Family Court Rules 2002, r 207 — District Court Rules 2014, rr 14.2 & 14.6 — Johnson v Johnson [2016] NZHC 1606 — FT v JML [2012] NZHC 1388 — Van Selm v Van Selm [2015] NZHC 641, (2015) 30 FRNZ 163 — Martin v Marsh [2015] NZHC 416 — Gibbs v Gibbs [2015] NZHC 3043 — B v B (2008) 27 FRNZ 289 (HC). The parties had engaged in relationship property proceedings, and each had succeeded in differing claims. The applicant sought costs on the basis that his earlier without-prejudice offers to settle the proceedings would have provided the respondent with a very similar outcome to that imposed by the Court. The Judge noted that while the Court retains a discretion as to an award of costs, there is a strong tendency to award costs following the event of success in relationship property cases. The Court found that careful consideration of the applicant's offer should have led to settlement. While the calculation of income disparity compensation was not straight-forward, the Court held that the respondent should have concluded that a 12.9 per cent proportion of the relationship property created a serious injustice. The Judge awarded costs against the respondent on a 2B basis, with an uplift of 25 per cent, of $22,037.25. Judgment Date: 1 November 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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